[Docs] Main provisions of the Lisbon Treaty on CFSP and CSDP, defence and the High Representative (extracts)

(B2) Here are the main provisions of the two treaties — on the European Union and the functioning of the European Union — resulting from the Treaty of Lisbon, applicable to the common foreign and security policy.

NB: the titles in parentheses do not come from the official text but from the editorial staff to facilitate reading. Certain member states refused — during the development of the Treaty — such identification.

To download the Full text of the Lisbon Treaty

Treaty on European Union (TEU)

Preamble

(…) RESOLVED to implement a common foreign and security policy, including the progressive definition of a common defense policy, which could lead to a common defense, in accordance with the provisions of Article 42, thus strengthening the identity of Europe and its independence in order to promote peace, security and progress in Europe and in the world, (…)

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Paper 15 (European Council)

(…) The High Representative of the Union for Foreign Affairs and Security Policy participates in the work of the European Council

(…) The President of the European Council ensures, at his level and in his capacity, the external representation of the Union for matters relating to the common foreign and security policy, without prejudice to the powers of the High Representative of the Union for foreign affairs and security policy. (...)

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Paper 17 (European Commission)

(…) 4. The Commission appointed between the date of entry into force of the Lisbon Treaty and October 31, 2014, is composed of a national of each Member State, including its President and the high representative of the Union for Foreign Affairs and Security Policy, who is one of its vice-presidents.

(…) The president, the high representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission are subject, as a college, to a vote of approval by the European Parliament. On the basis of this approval, the Commission is appointed by the European Council, acting by qualified majority.

Paper 18 (Appointment of the high representative)

The European Council, acting by qualified majority, with the agreement of the President of the Commission, appoints the High Representative of the Union for Foreign Affairs and Security Policy. The European Council may terminate its mandate according to the same procedure

2. The High Representative shall conduct the common foreign and security policy of the Union. It contributes through its proposals to the development of this policy and implements it as a representative of the Board. The same applies to the common security and defense policy.

3. The High Representative chairs the Foreign Affairs Council.

The High Representative is one of the Vice-Presidents of the Commission. It ensures the coherence of the Union's external action. He is responsible, within the Commission, for the responsibilities incumbent upon it in the field of external relations and the coordination of other aspects of the Union's external action. In exercising these responsibilities within the Commission, and for these responsibilities only, the High Representative is subject to the procedures which govern the functioning of the Commission, to the extent that this is compatible with paragraphs 2 and 3.

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Paper 22 (right of initiative)

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.

CHAPTER 2 - SPECIFIC PROVISIONS CONCERNING THE COMMON FOREIGN AND SECURITY POLICY

SECTION 1 - COMMON PROVISIONS

Paper 23

Action by the Union on the international scene under this Chapter shall be based on the principles, pursue the objectives and be conducted in accordance with the general provisions referred to in Chapter 1.

Paper 24 (principles)

(ex Article 11 TEU)

1. The competence of the Union in the field of common foreign and security policy covers all areas of foreign policy and all questions relating to the security of the Union, including the progressive definition of a policy of common defense which can lead to a common defense.

The common foreign and security policy is subject to specific rules and procedures. It is defined and implemented by the European Council and the Council, which act unanimously, except in cases where the Treaties provide otherwise. The adoption of legislative acts is excluded. This policy is implemented by the High Representative of the Union for Foreign Affairs and Security Policy and by the Member States, in accordance with the Treaties. The specific roles of the European Parliament and the Commission in this area are defined by the Treaties. The Court of Justice of the European Union has no jurisdiction with regard to these provisions, except for its jurisdiction to review compliance with Article 40 of this Treaty and to review the legality of certain decisions referred to in the second paragraph of Article 275 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 between the Member States, on the identification of of general interest and on the achievement of an ever-increasing degree of convergence of the actions of the Member States.

3. Member States shall actively and unreservedly support the Union's foreign and security policy in a spirit of loyalty and mutual solidarity and shall respect the Union's action in this area.

Member States shall work together to strengthen and develop their mutual political solidarity. They shall refrain from any action contrary to the interests of the Union or likely to harm its effectiveness as a cohesive force in international relations.

The Council and the High Representative ensure compliance with these principles.

Paper 25 (modes of action)

(ex Article 12 TEU)

The Union conducts the common foreign and security policy:

(a) defining general guidelines;

(b) by adopting decisions which define:

(i) actions to be taken by the Union;

(ii) the positions to be taken by the Union;

(iii) the modalities for the implementation of the decisions referred to in points (i) and (ii);

et

(c) strengthening systematic cooperation between Member States for the conduct of their policy.

Article 26 (distribution of roles)

(ex Article 13 TEU)

1. The European Council identifies the strategic interests of the Union, sets the objectives and defines the general guidelines of the common foreign and security policy, including for matters having defense implications. It adopts the necessary decisions.

If an international development so requires, the President of the European Council convenes an extraordinary meeting of the European Council in order to define the strategic lines of the Union's policy in the face of this development.

2. The Council shall draw up the common foreign and security policy and take the decisions necessary to define and implement this policy, on the basis of the general guidelines and strategic lines defined by the European Council.

The Council and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure the unity, consistency and effectiveness of Union action.

3. The common foreign and security policy shall be implemented by the High Representative and by the Member States, using national and Union means.

Paper 27 (High Representative)

1. The High Representative of the Union for Foreign Affairs and Security Policy, who chairs the Foreign Affairs Council, contributes through his proposals to the development of the common foreign and security policy and ensures the implementation of the decisions adopted by the European Council and the Council.

2. The High Representative represents the Union in matters relating to the common foreign and security policy. He conducts political dialogue with third parties on behalf of the Union and expresses the Union's position in international organizations and at international conferences.

3. In carrying out his mandate, the High Representative shall rely on a European External Action Service. This service works in collaboration with the diplomatic services of the Member States and is made up of officials from the competent services of the General Secretariat of the Council and of the Commission, as well as staff seconded from the national diplomatic services. The organization and operation of the European External Action Service are determined by a decision of the Council. The Council acts on a proposal from the High Representative, after consultation of the European Parliament and approval by the Commission.

Paper 28 (operational action)

(ex Article 14 TEU)

1. When an international situation requires operational action by the Union, the Council shall adopt the necessary decisions. They set their objectives, their scope, the means to be made available to the Union, the conditions relating to their implementation and, if necessary, their duration.

If there is a change in circumstances having a significant impact on a matter subject to such a decision, the Council shall review the principles and objectives of this decision and adopt the necessary decisions.

2. The decisions referred to in paragraph 1 shall commit the Member States in the positions they adopt and in the conduct of their action.

3. Any position taken or any national action envisaged pursuant to a decision referred to in paragraph 1 shall be the subject of information by the Member State concerned within the time limits allowing, if necessary, prior consultation within the advice. The obligation of prior information does not apply to measures which constitute a simple transposition at national level of Council decisions.

4. In the event of imperative necessity linked to developments in the situation and failing a review of the Council decision referred to in paragraph 1, Member States may take the necessary measures as a matter of urgency, taking into account of the general objectives of that decision. The Member State which takes such measures shall immediately inform the Council thereof.

5. In the event of major difficulties in applying a decision referred to in this Article, a Member State shall refer the matter to the Council, which shall deliberate and seek appropriate solutions. These may not run counter to the objectives of the decision referred to in paragraph 1 or impair its effectiveness.

Paper 29 (decisions)

(ex Article 15 TEU)

The Council adopts decisions which define the position of the Union on a particular question of a geographical or thematic nature. Member States shall ensure that their national policies comply with the positions of the Union.

Paper 30 (initiatives and urgency)

(ex Article 22 TEU)

1. Each Member State, the High Representative of the Union for Foreign Affairs and Security Policy, or the High Representative with the support of the Commission may refer to the Council any matter relating to the common foreign and security policy and submit, respectively, initiatives or proposals to the Council.

2. In cases requiring a rapid decision, the High Representative shall convene, either ex officio or at the request of a Member State, within XNUMX hours or, if absolutely necessary, within a longer period. in short, a special meeting of the Board.

Paper 31 (decision procedures)

(ex Article 23 TEU)

1. Decisions under this Chapter shall be taken by the European Council and by the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts is excluded.

Any member of the Council who abstains during a vote may, in accordance with this paragraph, accompany his abstention with a formal declaration. In this case, he is not bound to apply the decision, but he accepts that the decision 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 this decision and the other Member States shall respect its position. . If the members of the Council who accompany their abstention with such a declaration represent at least one third of the Member States bringing together at least one third of the population of the Union, the decision is not adopted.

2. By way of derogation from paragraph 1, the Council shall act by qualified majority:

– when adopting a decision defining a Union action or position on the basis of a European Council decision relating to the Union's strategic interests and objectives, as referred to in Article 22(1);

– when it adopts a decision defining an action or a position of the Union on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy presented following a specific request that the European Council has sent on its own initiative or on the initiative of the High Representative;

– when adopting any decision implementing a decision defining a Union action or position,

– when appointing a special representative in accordance with Article 33.

If a member of the Council declares that, for vital national political reasons which he explains, he intends to oppose the adoption of a decision to be taken by qualified majority, he is not did not take the vote. The High Representative seeks, in close consultation with the Member State concerned, a solution acceptable to it. In the absence of a result, the Council, acting by a qualified majority, may request that the European Council be seized of the matter for a unanimous decision.

3. The European Council may, unanimously, adopt a decision providing that the Council shall act by qualified majority in cases other than those referred to in paragraph 2.

4. Paragraphs 2 and 3 do not apply to decisions having military or defense implications.

5. For questions of procedure, the Council shall act by a majority of its members.

Paper 32 (common approach)

(ex Article 16 TEU)

The Member States shall consult each other within the European Council and the Council on any matter of foreign and security policy of general interest, with a view to defining a common approach. Before undertaking any action on the international scene or making any commitment which could affect the interests of the Union, each Member State shall consult the others within the European Council or the Council. The Member States shall ensure, by the convergence of their actions, that the Union can assert its interests and its values ​​on the international scene. The Member States are in solidarity with each other.

Where the European Council or the Council has defined a common Union approach within the meaning of the first subparagraph, 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.

Member States' diplomatic missions and Union delegations in third countries and to international organizations shall cooperate with each other and contribute to the formulation and implementation of the common approach.

Paper 33 (special representative)

(ex Article 18 TEU)

The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative who is given a mandate in relation to specific political issues. The Special Representative exercises his mandate under the authority of the High Representative.

Paper 34 (international organizations)

(ex Article 19 TEU)

1. Member States shall coordinate their action within international organizations and at international conferences. They defend the positions of the Union in these forums. The High Representative of the Union for Foreign Affairs and Security Policy organizes this coordination.

Within international organizations and at international conferences in which not all Member States take part, those who take part defend the positions of the Union.

2. In accordance with Article 24(3), Member States represented in international organizations or international conferences in which not all Member States participate shall keep Member States and the High Representative informed of any matter of common interest .

Member States which are also members of the UN Security Council will liaise and keep other Member States and the High Representative fully informed. Member States which are members of the Security Council will defend, in the exercise of their functions, the positions and interests of the Union, without prejudice to their responsibilities under the provisions of the United Nations Charter.

When the Union has defined a position on a subject on the agenda of the United Nations Security Council, the Member States which sit on it request that the High Representative be invited to present the Union's position.

Paper 35 (diplomatic and consular cooperation)

(ex Article 20 TEU)

The diplomatic and consular missions of the Member States and the Union delegations in third countries and international conferences, as well as their representations to international organisations, cooperate to ensure compliance with and implementation of the decisions defining positions and Union actions adopted pursuant to this Chapter.

They are intensifying their cooperation by exchanging information and carrying out joint assessments.

They contribute to the implementation of the right to protection of citizens of the Union on the territory of third countries, referred to in Article 20(2)(c) of the Treaty on the Functioning of the European Union, as well as measures adopted pursuant to Article 23 of that Treaty.

Paper 36 (European Parliament)

(ex Article 21 TEU)

The High Representative of the Union for Foreign Affairs and Security Policy regularly consults the European Parliament on the main aspects and fundamental choices of the common foreign and security policy and the common security and defense policy and the informs about the evolution of these policies. It ensures that the views of the European Parliament are duly taken into account. Special representatives may be involved in informing the European Parliament.

The European Parliament may address questions or make recommendations to the Council and the High Representative. It holds a debate twice a year on the progress made in the implementation of the common foreign and security policy, including the common security and defense policy.

Paper 37 (international agreements)

(ex Article 24 TEU)

The Union may conclude agreements with one or more States or international organizations in the areas covered by this Chapter.

Paper 38 (PSC)

(ex Article 25 TEU)

Without prejudice to Article 240 of the Treaty on the Functioning of the European Union, a Political and Security Committee shall monitor the international situation in areas covered by the common foreign and security policy and contribute to the definition of policies by issuing opinion for the Council, at the request of the latter, of the High Representative of the Union for Foreign Affairs and Security Policy, or on its own initiative. It also monitors the implementation of agreed policies, without prejudice to the powers of the High Representative.

Within the framework of this Chapter, the Political and Security Committee exercises, under the responsibility of the Council and the High Representative, the political control and the strategic direction of the crisis management operations referred to in Article 43.

The Board may authorize the Committee, for the purposes of a crisis management operation and for the duration thereof, as determined by the Board, to take appropriate decisions regarding the political control and strategic direction of the operation. .

Paper 39 (protection of personal data)

In accordance with Article 16 of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council adopts a decision laying down the rules relating to the protection of natural persons with regard to the processing of personal data by Member States in the exercise of activities which fall within the scope of this Chapter, and on the free movement of such data. Compliance with these rules is subject to control by independent authorities.

Paper 40 (respective allocations)

(ex Article 47 TEU)

The implementation of the common foreign and security policy does not affect the application of the procedures and the respective scope of the powers of the institutions provided for by the Treaties for the exercise of the competences of the Union referred to in Articles 3 to 6 of the Treaty on the Functioning of the European Union.

Similarly, the implementation of the policies referred to in those Articles shall not affect the application of the procedures and the respective scope of the powers of the institutions provided for by the Treaties for the exercise of the Union's competences under this Chapter.

Paper 41 (Financing)

(ex Article 28 TEU)

1. Administrative expenditure entailed for the institutions by the implementation of this Chapter shall be charged to the Union budget.

2. Operational expenditure resulting from the implementation of this Chapter shall also be charged to the Union budget, with the exception of expenditure relating to operations having military implications or in the field of defense and cases where the Board unanimously decides otherwise.

When an item of expenditure is not charged to the Union budget, it shall be charged to the Member States according to the gross national product key, unless the Council, acting unanimously, decides otherwise. As regards expenditure relating to operations having military or defense implications, Member States whose representatives in the Council have made a formal declaration under the second subparagraph of Article 31(1) shall not are not required to contribute to their financing.

3. The Council shall adopt a decision establishing specific procedures to ensure rapid access to appropriations from the Union budget intended for the emergency financing of initiatives within the framework of the common foreign and security policy, and in particular activities preparations for a mission referred to in Article 42(1) and Article 43. It shall act after consulting the European Parliament.

The preparatory activities for the missions referred to in Article 42(1) and Article 43, which are not charged to the Union budget, shall be financed by a start-up fund, made up of contributions from the Member States members.

The Council shall adopt by qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:

(a) the arrangements for setting up and financing the start-up fund, including the financial amounts allocated to the fund;

(b) the procedures for managing the start-up fund;

(c) the methods of financial control.

Where the mission envisaged, in accordance with Article 42(1) and Article 43, cannot be charged to the Union budget, the Council authorizes the High Representative to use this fund. The High Representative reports to the Council on the execution of this mandate.

SECTION 2 - PROVISIONS CONCERNING THE COMMON SECURITY AND DEFENSE POLICY

Paper 42 (CSDP principles)

(ex Article 17 TEU)

1. The common security and defense policy is an integral part of the common foreign and security policy. It provides the Union with an operational capability based on civilian and military resources. The Union may use them in missions outside the Union in order to maintain peace, prevent conflicts and strengthen international security in accordance with the principles of the United Nations Charter. The execution of these tasks relies on the capabilities provided by the Member States.

2. The common security and defense policy shall include the progressive definition of a common defense policy for the Union. It will lead to a common defence, once the European Council, acting unanimously, has so decided. In this case, it recommends that the Member States adopt a decision to this effect in accordance with their respective constitutional rules.

Union policy within the meaning of this section does not affect the specific character of the security and defense policy of certain Member States, it respects the obligations resulting from the North Atlantic Treaty for certain Member States which consider that their common defense is achieved within the framework of the North Atlantic Treaty Organization (NATO) and is compatible with the common security and defense policy adopted within this framework.

3. Member States shall make available to the Union, for the implementation of the common security and defense policy, civilian and military capabilities to contribute to the objectives defined by the Council. Member States which together constitute multinational forces may also make them available to the common security and defense policy.

Member States undertake to progressively 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 needs, promote measures to meet them, contribute to identifying and, where appropriate, implementing any useful measure to strengthen the industrial and technological base of the defence sector, participate in defining a European capabilities and armaments policy, and assist the Council in assessing the improvement of military capabilities.

4. Decisions relating to the common security and defense policy, including those relating to the launching of a mission 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 on the initiative of a Member State. The High Representative may propose the use of national resources as well as Union instruments, where appropriate jointly with the Commission.

5. The Council may entrust the performance of a task, within the framework of the Union, to a group of Member States in order to preserve the values ​​of the Union and serve its interests. The performance of such a mission is governed by Article 44.

6. Member States which fulfill higher military capability criteria and which have entered into more binding commitments in this area with a view to the most demanding missions, shall establish permanent structured cooperation within the framework of the Union. This cooperation is governed by Article 46. It does not affect the provisions of Article 43.

7. Should a Member State be the object of armed aggression on its territory, the other Member States must help and assist it by all means in their power, in accordance with Article 51 of the Charter of the United Nations . This does not affect the specific character of the security and defense policy of certain Member States.

Commitments and cooperation in this area remain consistent with the commitments entered into within the North Atlantic Treaty Organization, which remains, for the States which are members of it, the foundation of their collective defense and the forum for its Implementation.

PROTOCOL (No. 11)__ON ARTICLE 42 OF THE TREATY ON EUROPEAN UNION

THE HIGH CONTRACTING PARTIES,

BEARING IN MIND the need to fully apply the provisions of Article 42(2) of the Treaty on European Union;

BEARING IN MIND that the Union's policy under Article 42 must not affect the specific character of the security and defense policy of certain Member States, that it must respect the obligations deriving from the Treaty of the North Atlantic for certain Member States which consider that their common defense is achieved within the framework of NATO and that it must be compatible with the common security and defense policy adopted within this framework;

HAVE AGREED upon the following provisions, which are annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

The European Union, together with the Western European Union, is developing arrangements to improve cooperation between them.

Paper 43 (Missions)

1. The missions referred to in Article 42(1) in which the Union may have recourse to civilian and military means shall include joint disarmament actions, humanitarian and evacuation missions, advisory missions and assistance in military matters, conflict prevention and peacekeeping missions, combat force missions for crisis management, including peace-making missions and stabilization operations at the end conflicts. All of these missions can contribute to the fight against terrorism, including through the support provided to third countries to combat terrorism on their territory.

2. The Council shall adopt decisions relating to the tasks referred to in paragraph 1, defining their objective and their scope as well as the general arrangements for their implementation. The High Representative of the Union for Foreign Affairs and Security Policy, under the authority of the Council and in close and permanent contact with the Political and Security Committee, ensures the coordination of the civilian and military aspects of these missions.

Paper 44 (vanguard group)

1. Within the framework of the decisions adopted in accordance with Article 43, the Council may entrust the implementation of a task to a group of Member States which so wish and have the necessary capacities for such a task. These Member States, in association with the High Representative of the Union for Foreign Affairs and Security Policy, agree among themselves on the management of the mission.

2. The Member States participating in the execution of the mission shall regularly inform the Council of the status of the mission on their own initiative or at the request of another Member State. Participating Member States shall immediately refer the matter to the Council if the performance of the task entails major consequences or requires a modification of the objective, scope or terms of the task set by the decisions referred to in paragraph 1. In such cases, the Council adopts the necessary decisions.

Paper 45 (European Defense Agency)

1. The European Defense Agency, referred to in Article 42(3), and placed under the authority of the Council, shall have the following tasks:

(a) contribute to identifying the military capability objectives of the Member States and to assessing compliance with the capability commitments entered into by the Member States;

(b) to promote harmonization of operational needs and the adoption of effective and compatible acquisition methods;

(c) to propose multilateral projects to meet the objectives in terms of military capabilities and to ensure the coordination of the programs carried out by the Member States and the management of specific cooperation programmes;

(d) supporting defense technology research, coordinating and planning joint research activities and studies of technical solutions to meet future operational needs;

(e) to contribute to identifying and, where appropriate, implementing any useful measure to strengthen the industrial and technological base of the defence sector and to improve the efficiency of military expenditure.

2. The European Defense Agency is open to all Member States wishing to participate. The Council, acting by qualified majority, adopts a decision defining the Agency's status, seat and operating procedures. This decision takes into account the degree of effective participation in the activities of the Agency. Specific groups are set up within the Agency, bringing together Member States which carry out joint projects. The Agency carries out its missions in conjunction with the Commission as necessary.

Paper 46 (Permanent Structured Cooperation)

1. Member States wishing to participate in the permanent structured cooperation referred to in Article 42(6), which fulfill the criteria and subscribe to the commitments in terms of 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 of 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 acts by qualified majority, after consulting the High Representative.

3. Any Member State which, at a later stage, wishes to participate in 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 fulfills the criteria and subscribes to the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council acts by qualified majority, after consulting the High Representative. Only Council members representing participating Member States take part in the vote.

A qualified majority is defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.

4. If a participating Member State no longer fulfills the criteria or can no longer assume 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 that State.

The Council acts by qualified majority. Only the members of the Council representing the participating Member States, with the exception of the Member State concerned, take part in the vote.

A qualified majority is defined in accordance with Article 238(3)(a) of the Treaty on the Functioning of the European Union.

5. If a participating Member State wishes to leave permanent structured cooperation, it shall notify its decision to the Council, which shall take note that the participation of the Member State concerned is ending.

6. Council decisions and recommendations in the context of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted unanimously. 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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PROTOCOL (No 10) ON PERMANENT STRUCTURED COOPERATION ESTABLISHED BY ARTICLE 42 OF THE TREATY ON EUROPEAN UNION

THE HIGH CONTRACTING PARTIES,

HAVING REGARD to Article 42(6) and Article 46 of the Treaty on European Union,

RECALLING that the Union conducts a common foreign and security policy based on the achievement of an ever-increasing degree of convergence of the actions of the Member States;

RECALLING that the common security and defense policy is an integral part of the common foreign and security policy; that it provides the Union with an operational capability based on civilian and military resources; that the Union may use them for missions referred to in Article 43 of the Treaty on European Union outside the Union in order to maintain peace, prevent conflicts and strengthen security internationally in accordance with the principles of the United Nations Charter; whereas the execution of these tasks relies on the military capabilities provided by the Member States, in accordance with the principle of the "single pool of forces";

RECALLING that the common security and defense policy of the Union does not affect the specific character of the security and defense policy of certain Member States;

RECALLING that the common security and defense policy of the Union respects the obligations stemming from the North Atlantic Treaty for the Member States which consider that their common defense is carried out within the framework of the Atlantic Treaty Organisation, North, which remains the foundation of the collective defense of its members, and that it is compatible with the common security and defense policy adopted in this context;

CONVINCED that a more assertive role for the Union in matters of security and defense will contribute to the vitality of a renewed Atlantic alliance, in accordance with the so-called "Berlin plus" arrangements;

DETERMINED that the Union be capable of fully assuming its responsibilities within the international community;

RECOGNIZING that the United Nations Organization may request assistance from the Union for the urgent implementation of missions undertaken under Chapters VI and VII of the Charter of the United Nations;

RECOGNIZING that strengthening the security and defense policy will require Member States to make efforts in the area of ​​capabilities;

AWARE that taking a new step in the development of the European security and defense policy requires resolute efforts by the Member States which are willing to do so;

RECALLING the importance of the High Representative of the Union for Foreign Affairs and Security Policy being fully associated with the work of permanent structured cooperation,

HAVE AGREED on the following provisions, which are annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

Article first

The permanent structured cooperation referred to in Article 42(6) of the Treaty on European Union is open to any Member State which undertakes, from the date of entry into force of the Treaty of Lisbon:

(a) to proceed more intensively with the development of its defense capabilities, by developing its national contributions and participating, where appropriate, in multinational forces, in the main European equipment programs and in the activity of the Agency in the area of ​​defense capability development, research, acquisition and armaments (the European Defense Agency), and

(b) have the capability to provide, by 2010 at the latest, either on a national basis or as part of multinational groups of forces, combat units targeted for the intended missions, tactically configured as a battle group, with support elements, including transport and logistics, capable of undertaking, within 5 to 30 days, missions referred to in Article 43 of the Treaty on European Union in particular to respond to requests of the United Nations Organization, and sustainable for an initial period of 30 days, extendable up to at least 120 days.

Article 2

Member States participating in permanent structured cooperation undertake, in order to achieve the objectives referred to in Article 1:

(a) to cooperate, as from the entry into force of the Treaty of Lisbon, with a view to achieving agreed objectives concerning the level of investment expenditure on defense equipment, and to regularly review these objectives in the light of the Union's security environment and international responsibilities;

(b) to bring their defense tools closer, insofar as possible, in particular by harmonizing the identification of military requirements, by pooling and, where appropriate, by specializing their means and defense capabilities, and by encouraging cooperation in the areas of training and logistics;

(c) to take concrete measures to enhance the availability, interoperability, flexibility and deployability of their forces, in particular by identifying common objectives in the field of force projection, including possibly reviewing their procedures for national decision;

(d) to cooperate in order to ensure that they take the necessary measures to remedy, including through multinational approaches and without prejudice to their commitments within the North Atlantic Treaty Organization, the shortcomings identified in the “Capacity Development Mechanism” framework;

(e) to participate, where appropriate, in the development of joint or European major equipment programs within the framework of the European Defense Agency.

Article 3

The European Defense Agency shall contribute to the regular assessment of the contributions of the participating Member States in terms of capabilities, in particular the contributions provided according to the criteria which will be established, inter alia, on the basis of Article 2, and in fact report at least once a year. The evaluation may serve as a basis for Council recommendations and decisions adopted in accordance with Article 46 of the Treaty on European Union.

Treaty on the Functioning of the European Union (TFEU Treaty)

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TECHNOLOGY AND SPACE RESEARCH AND DEVELOPMENT

Article 179

(ex Article 163 TEC)

1. The Union aims to strengthen its scientific and technological bases, by creating a space European research system in which researchers, scientific knowledge and technologies circulate freely, and to promote the development of its competitiveness, including that of its industry, as well as to promote research actions deemed necessary under other chapters of the Treaties.

2. For these purposes, it shall encourage enterprises throughout the Union, including small and medium-sized enterprises, research centers and universities in their high-quality research and technological development efforts; it supports their cooperation efforts, particularly aiming to enable researchers to cooperate freely across borders and businesses to fully exploit the potential of the internal market, notably through the opening of national public markets, the definition of common standards and the elimination of legal and fiscal obstacles to this cooperation.

3. All Union actions under the Treaties, including demonstration actions, in the field of research and technological development shall be decided and implemented in accordance with the provisions of this Title.

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Article 181 (coordination of research)

(ex Article 165 TEC)

1. The Union and the Member States shall coordinate their action in the areas of research and technological development, in order to ensure the reciprocal coherence of national policies and Union policy.

2. The Commission may take, in close collaboration with the Member States, any useful initiative to promote the coordination referred to in paragraph 1, in particular initiatives with a view to establishing guidelines and indicators, organizing the exchange of best practices and prepare the necessary elements for periodic monitoring and evaluation. The European Parliament is fully informed.

Article 182 (multiannual framework programme)

(ex Article 166 TEC)

1. A multiannual framework program, which includes all of the Union's actions, is adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, after consulting the Economic and Social Committee.

The framework program:

– sets the scientific and technological objectives to be achieved by the actions envisaged in Article 180 and the priorities attached to it;

– indicates the broad outlines of these actions;

– sets the maximum overall amount and the terms of the Union's financial participation in the framework program, as well as the respective shares of each of the actions envisaged.

2. The framework program is adapted or supplemented according to evolving situations.

3. The framework program is implemented through specific programs developed within each of the actions. Each specific program specifies the terms of its implementation, sets its duration and provides the resources deemed necessary. The sum of the amounts estimated as necessary, set by the specific programs, cannot exceed the maximum overall amount set for the framework program and for each action.

4. The Council, acting in accordance with a special legislative procedure, and after consulting the European Parliament and the Economic and Social Committee, adopts the specific programs.

5. In addition to the actions planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, establish the measures necessary for the implementation of the European area of research.

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Article 196 (civil protection)

1. The Union shall encourage cooperation between Member States in order to enhance the effectiveness of systems for preventing and protecting against natural or man-made disasters.

Union action aims to:

(a) to support and supplement the action of the Member States at national, regional and local level relating to risk prevention, the preparation of civil protection actors in the Member States and intervention in the event of natural disasters or of human origin within the Union;

(b) promote rapid and effective operational cooperation within the Union between national civil protection services;

(c) to promote the coherence of actions undertaken at international level in the field of civil protection.

2. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures necessary to contribute to the achievement of the objectives referred to in paragraph 1, excluding any harmonization of the laws and regulations of the Member States.

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Article 214 (humanitarian aid)

1. Union action in the field of humanitarian aid shall be carried out within the framework of the principles and objectives of the Union's external action. These actions aim, on an ad hoc basis, to provide assistance and relief to the populations of third countries, victims of natural or man-made disasters, and to protect them, in order to meet the humanitarian needs resulting from these different situations. The actions of the Union and the Member States complement and reinforce each other.

2. Humanitarian aid actions are carried out in accordance with the principles of international law and the principles of impartiality, neutrality and non-discrimination.

3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the measures defining the framework within which the Union's humanitarian aid actions are implemented.

4. The Union may conclude with third countries and competent international organizations any agreement helping to achieve the objectives referred to in paragraph 1 and in Article 21 of the Treaty on European Union.

The first paragraph does not prejudge the competence of the Member States to negotiate in international bodies and to conclude agreements.

5. In order to establish a framework for joint contributions by young Europeans to the Union's humanitarian aid actions, a European Voluntary Humanitarian Aid Corps is created. The European Parliament and the Council, acting by means of regulations in accordance with the ordinary legislative procedure, determine its statute and the methods of its operation.

6. The Commission may take any useful initiative to promote coordination between the actions of the Union and those of the Member States, in order to enhance the effectiveness and complementarity of Union arrangements and national humanitarian aid arrangements.

7. The Union shall ensure that its humanitarian aid actions are coordinated and consistent with those of international organizations and bodies, in particular those forming part of the United Nations system.

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Article 216 (international agreements)

1. The Union may conclude an agreement with one or more third countries or international organizations where the Treaties so provide or where the conclusion of an agreement is either necessary to achieve, within the framework of Union policies, the one of the objectives of the Treaties either is provided for in a binding legal act of the Union, or is likely to affect common rules or alter their scope.

2. Agreements concluded by the Union bind the institutions of the Union and the Member States.

Article 217 (international agreements)

(ex Article 310 TEC)

The Union may conclude with one or more third countries or international organizations agreements creating an association characterized by reciprocal rights and obligations, joint action and specific procedures.

Article 218 (negotiation of international agreements)

(ex Article 300 TEC)

1. Without prejudice to the specific provisions of Article 207, agreements between the Union and third countries or international organizations shall be negotiated and concluded in accordance with the procedure below.

2. The Council authorizes the opening of negotiations, adopts the negotiating directives, authorizes the signature and concludes the agreements.

3. The Commission, or the High Representative of the Union for Foreign Affairs and Security Policy where the agreement envisaged relates exclusively or mainly to the common foreign and security policy, shall submit recommendations to the Council, which shall adopt a decision authorizing the opening of negotiations and appointing, depending on the subject matter of the agreement envisaged, the negotiator or the head of the Union negotiating team.

4. The Council may issue directives to the negotiator and appoint a special committee, the negotiations to be conducted in consultation with this committee.

5. The Council, on a proposal from the negotiator, shall adopt a decision authorizing the signing of the agreement and, where appropriate, its provisional application before entry into force.

6. The Council, on a proposal from the negotiator, adopts a decision concluding the agreement.

Except where the agreement relates exclusively to the common foreign and security policy, the Council shall adopt the decision concluding the agreement:

(a) after obtaining the consent of the European Parliament in the following cases:

(i) association agreements;

(ii) agreement on the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms;

(iii) agreements creating a specific institutional framework by organizing cooperation procedures;

(iv) agreements with significant budgetary implications for the Union;

(v) agreements covering areas covered by the ordinary legislative procedure or the special legislative procedure where the consent of the European Parliament is required.

The European Parliament and the Council may, in urgent cases, agree on a time limit for approval;

(b) after consulting the European Parliament, in other cases. The European Parliament delivers its opinion within a time limit which the Council may set according to the urgency. In the absence of an opinion within this period, the Council may rule.

7. By way of derogation from paragraphs 5, 6 and 9, the Council may, when concluding an agreement, empower the negotiator to approve, on behalf of the Union, amendments to the agreement, where it provides that these modifications must be adopted according to a simplified procedure or by a body created by the said agreement. The Council may attach specific conditions to this authorization.

8. Throughout the procedure, the Council shall act by qualified majority.

However, it shall act unanimously when the agreement relates to an area for which unanimity is required for the adoption of a Union act and for the association agreements and the agreements referred to in Article 212 with the candidate States for accession. The Council also acts unanimously for the agreement on the accession of the Union to the European Convention for the Protection of Human Rights and Fundamental Freedoms; the decision concluding this agreement enters into force after its approval by the Member States, in accordance with their respective constitutional rules.

9. The Council, on a proposal from the Commission or from the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt a decision on the suspension of the application of an agreement and establishing the positions to be taken on behalf of of the Union in a body created by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or modifying the institutional framework of the agreement.

10. The European Parliament is immediately and fully informed at all stages of the procedure.

11. A Member State, the European Parliament, the Council or the Commission may obtain the opinion of the Court of Justice on the compatibility of a envisaged agreement with the Treaties. In the event of a negative opinion from the Court, the envisaged agreement cannot enter into force, unless it is modified or the treaties are revised.

(...)

Article 220 (Cooperation with international organizations)

(ex Articles 302 to 304 TEC)

1. The Union shall establish all useful cooperation with the bodies of the United Nations and its specialized agencies, the Council of Europe, the Organization for Security and Cooperation in Europe and the Organization for Economic Cooperation and Development.

The Union also ensures appropriate liaison with other international organisations.

2. The High Representative of the Union for Foreign Affairs and Security Policy and the Commission shall be responsible for the implementation of this Article.

Article 221 (EU delegations)

1. Union delegations in third countries and to international organizations shall represent the Union.

2. Union Delegations shall be placed under the authority of the High Representative of the Union for Foreign Affairs and Security Policy. They act in close cooperation with the diplomatic and consular missions of the Member States.

Article 222 (Solidarity clause)

1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilize all the instruments at its disposal, including the military means made available to it by the Member States, to:

a) - prevent the terrorist threat on the territory of the Member States;

- protect democratic institutions and the civilian population from a possible terrorist attack;

- provide assistance to a Member State on its territory, at the request of its political authorities, in the event of a terrorist attack;

(b) provide assistance to a Member State on its territory, at the request of its political authorities, in the event of a natural or man-made disaster.

2. If a Member State is the victim of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall provide it with assistance at the request of its political authorities. To this end, Member States shall coordinate within the Council.

3. The arrangements for the implementation by the Union of this solidarity clause shall be defined by a decision adopted by the Council, on a joint proposal from the Commission and the High Representative of the Union for Foreign Affairs and security. Where this decision has defense implications, the Council shall act in accordance with Article 31(1) of the Treaty on European Union. The European Parliament is informed.

Within the framework of this paragraph, and without prejudice to Article 240, the Council shall be assisted by the Political and Security Committee, with the support of the structures developed within the framework of the common security and defense policy, and by the committee referred to in Article 71, which submit to it, where appropriate, joint opinions.

4. In order to enable the Union and its Member States to act effectively, the European Council shall regularly assess the threats facing the Union.

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Article 275 (Court of Justice)

The Court of Justice of the European Union has no jurisdiction with regard to the provisions relating to the common foreign and security policy, nor with regard to the acts adopted on their basis.

However, the Court has jurisdiction to review compliance with Article 40 of the Treaty on European Union and to rule on actions brought under the conditions provided for in the fourth paragraph of Article 263 of this Treaty concerning the review of the legality of decisions providing for restrictive measures against natural or legal persons adopted by the Council on the basis of Title V, Chapter 2, of the Treaty on European Union.

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Article 333 (Enhanced cooperation)

(ex-articles 27 A to 27 E, 40 to 40 B and 43 to 45 TEU_and ex-articles 11 and 11 A TEC)

1. Where a provision of the Treaties which may be applied in the context of enhanced cooperation provides that the Council shall act unanimously, the Council, acting unanimously in accordance with the procedures provided for in Article 330, may adopt a decision providing that it will rule by qualified majority.

2. Where a provision of the Treaties which may be applied in the context of enhanced cooperation provides that the Council is to adopt acts in accordance with a special legislative procedure, the Council, acting unanimously in accordance with the procedures laid down in Article 330 may adopt a decision providing that it will act in accordance with the ordinary legislative procedure. The Council shall act after consulting the European Parliament.

3. Paragraphs 1 and 2 do not apply to decisions having military or defense implications.

(...)

Article 346 (general security exception)

(ex Article 296 TEC)

1. The provisions of the treaties do not preclude the following rules:

(a) no Member State shall be required to supply information the disclosure of which it considers contrary to the essential interests of its security,

(b) any Member State may take the measures which it considers necessary for the protection of the essential interests of its security and which relate to the production of or trade in arms, munitions and war material; these measures must not adversely affect the conditions of competition in the internal market as regards products not intended for specifically military purposes.

2. The Council, acting unanimously on a proposal from the Commission, may make amendments to the list, which it established on 15 April 1958, of products to which the provisions of paragraph 1(b) apply .

Article 347 (security exception for the internal market)

(ex Article 297 TEC)

The Member States shall consult each other with a view to jointly adopting the provisions necessary to prevent the functioning of the internal market from being affected by the measures which a Member State may be called upon to take in the event of serious internal disturbances affecting public order, in the event of war or serious international tension constituting a threat of war, or to meet the commitments entered into by it for the maintenance of international peace and security.

(...)

Article 352 (general jurisdiction clause)

(ex Article 308 TEC)

1. If action by the Union appears necessary, within the framework of the policies defined by the Treaties, to achieve one of the objectives targeted by the Treaties, without the latter having provided for the powers of action required to To this end, the Council, acting unanimously on a proposal from the Commission and after approval by the European Parliament, adopts the appropriate provisions. When the provisions in question are adopted by the Council in accordance with a special legislative procedure, it also acts unanimously, on a proposal from the Commission and after approval by the European Parliament.

2. The Commission, within the framework of the procedure for monitoring the principle of subsidiarity referred to in Article 5(3) of the Treaty on European Union draws the attention of national parliaments to proposals based on this Article.

3. Measures based on this Article may not involve harmonization of the laws and regulations of the Member States in cases where the Treaties exclude such harmonization.

4. This Article cannot serve as a basis for achieving an objective relating to the common foreign and security policy and any act adopted in accordance with this Article respects the limits set by Article 40, second paragraph of the Treaty on European Union.

PROTOCOL (No. 1)__ON THE ROLE OF NATIONAL PARLIAMENTS IN THE EUROPEAN UNION

(...)

INTER-PARLIAMENTARY COOPERATION

Article 9

The European Parliament and the national parliaments jointly define the organization and promotion of effective and regular interparliamentary cooperation within the Union.

Article 10

A conference of parliamentary bodies specializing in Union affairs may submit any contribution it deems appropriate for the attention of the European Parliament, the Council and the Commission. This conference also promotes the exchange of information and best practices between national parliaments and the European Parliament, including between their specialized committees. It may also organize inter-parliamentary conferences on specific topics, in particular to discuss issues of common foreign and security policy, including common security and defense policy. The contributions of the conference do not bind the national parliaments and do not prejudge their position.

PROTOCOL (No. 22)__ON THE POSITION OF DENMARK

THE HIGH CONTRACTING PARTIES,

RECALLING the decision of the Heads of State or Government, meeting within the European Council in Edinburgh on 12 December 1992, concerning certain problems raised by Denmark with regard to the Treaty on European Union,

HAVING NOTED Denmark's position on citizenship, economic and monetary union, defense policy and justice and home affairs, as set out in the Edinburgh decision,

AWARE that maintaining in the Treaties a legal regime dating from the Edinburgh Decision will considerably restrict Denmark's participation in important areas of Union cooperation and would be in the interests of the Union to ensure the integrity of the acquis in the area of ​​freedom, security and justice;

WISHING therefore to establish a legal framework which will offer Denmark the possibility of participating in the adoption of measures proposed on the basis of Part Three, Title V, of the Treaty on the Functioning of the European Union and welcoming Denmark's intention to avail itself of this possibility when possible in accordance with its constitutional requirements;

TAKING NOTE that Denmark will not object to the other Member States continuing to develop their cooperation in respect of measures by which it is not bound,

HAVING REGARD to Article 3 of the Protocol on the Schengen acquis integrated into the framework of the European Union,

HAVE AGREED upon the following provisions, which are annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union:

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PART II

Article 5

As regards the measures adopted by the Council in the field covered by Article 26(1), Article 42 and Articles 43 to 46 of the Treaty on European Union, Denmark does not take part in the development and implementation of decisions and actions of the Union which have defense implications. Denmark is therefore not taking part in their adoption. Denmark will not object to the other Member States continuing to develop their cooperation in this area. Denmark is not obliged to contribute to the financing of operational expenditure resulting from these measures, nor to make military capabilities available to the Union.

The unanimity of the members of the Council, with the exception of the representative of the Danish Government, is required for acts which the Council is called upon to adopt unanimously.

For the purposes of this Article, qualified majority is defined in accordance with Article 238(3) of the Treaty on the Functioning of the European Union.

(...)

PART IV

Article 7

Denmark may at any time, in accordance with its constitutional requirements, inform the other Member States that it no longer wishes to rely on all or part of this Protocol. In this case, Denmark will fully apply all relevant measures then in force, taken within the framework of the European Union.

Article 8

1. Denmark may at any time, and without prejudice to Article 7, in accordance with its constitutional requirements, notify the other Member States that, with effect from the first day of the month following the notification, Part I consists of the provisions set out in the appendix. In this case, Articles 5 to 8 are renumbered accordingly.

2. Six months after the date on which the notification referred to in paragraph 1 takes effect, all the Schengen acquis as well as the measures adopted to develop this acquis which hitherto bound Denmark under obligations under international law , bind the latter under EU law.

(Statements)

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Declaration No. 12 - ad Article 18_of the Treaty on European Union

1. The Conference declares that appropriate contacts will be made with the European Parliament during the preparatory work preceding the appointment of the High Representative of the Union for Foreign Affairs and Security Policy, which will take place on the date of entry into force the Treaty of Lisbon, in accordance with Article 18 of the Treaty on European Union and Article 5 of the Protocol on transitional provisions; the mandate of the High Representative will begin on the same date and will last until the end of the mandate of the Commission then in office.

2. Furthermore, the Conference recalls that the High Representative of the Union for Foreign Affairs and Security Policy, whose mandate will begin in November 2009 at the same time and for the same duration as the next Commission, will be appointed in accordance with the provisions of Articles 17 and 18 of the Treaty on European Union.

Declaration No. 13 on the common foreign and security policy

The Conference stresses that the provisions of the Treaty on European Union relating to the common foreign and security policy, including the creation of the post of High Representative of the Union for Foreign Affairs and Security Policy and the establishment of an external action service, do not affect the responsibilities of the Member States, as they currently exist, for the development and conduct of their foreign policy or their national representation in third countries and in the within international organizations.

The Conference also recalls that the provisions governing the common security and defense policy are without prejudice to the specific character of the security and defense policy of the Member States.

It stresses that the European Union and its Member States will remain bound by the provisions of the Charter of the United Nations and, in particular, by the primary responsibility of the Security Council and its Member States for the maintenance of peace and security international.

Declaration No. 14 on the common foreign and security policy

In addition to the specific rules and procedures referred to in Article 24(1) of the Treaty on European Union, the Conference underlines that the provisions concerning the common foreign and security policy, including with regard to the High Representative of the Union for Foreign Affairs and Security Policy and the External Action Service, will not affect the existing legal basis, the responsibilities or the competences of each Member State with regard to the elaboration and conduct its foreign policy, its national diplomatic service, its relations with third countries and its participation in international organisations, including membership of a Member State in the United Nations Security Council.

The Conference also notes that the provisions concerning the common foreign and security policy do not confer new powers on the Commission to initiate decisions or increase the role of the European Parliament.

The Conference also recalls that the provisions governing the common security and defense policy are without prejudice to the specific character of the security and defense policy of the Member States.

Declaration No. 15 on Article 27_of the Treaty on European Union

The Conference declares that, as soon as the Treaty of Lisbon is signed, the Secretary-General of the Council, High Representative for the Common Foreign and Security Policy, the Commission and the Member States should start the preparatory work for the European External Action Service .