And it came to pass in those days, that there went out a decree from president Barack Obama that private Ryan and his comrades should redeploy to Asia, where the action is going to be.
The strategy document Sustaining U.S. Global Leadership: Priorities for 21st Century Defense tells us that in keeping with this evolving strategic landscape, our (US) posture in Europe must also evolve (meaning far less men and weapons in Europe). This can hardly come as a surprise to even the most casual of news followers.
While both sides want to maintain the NATO alliance, this long expected move leaves European leaders naked with regard to the state of EU foreign, security and defence policy, especially their inability to even begin the construction of a common European defence.
Since a press statements on every mishap in the world seems to be the extent of EU foreign policy, perhaps the high representative Catherine Ashton could crank out a few lines to let the heads of state or government continue sleeping on the job(?)
Update 11 January 2012: Analysis from Reuters on the state of European thinking and action on common defence.
Ralf Grahn
Showing posts with label military. Show all posts
Showing posts with label military. Show all posts
Saturday, 7 January 2012
Friday, 29 May 2009
EU: Dual-use exports
This is for people with an interest in technologies and matters military. The European Union has published a recast Regulation setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items.
Dual-use items refer to items, including software and technology, which can be used for both civil and military purposes, including goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
Officially it is called Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast), and it was published in the Official Journal of the European Union (OJEU) 29.5.2009 L 134/1.
With annexes it runs to 269 pages.
Ralf Grahn
Dual-use items refer to items, including software and technology, which can be used for both civil and military purposes, including goods which can be used for both non-explosive uses and assisting in any way in the manufacture of nuclear weapons or other nuclear explosive devices;
Officially it is called Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast), and it was published in the Official Journal of the European Union (OJEU) 29.5.2009 L 134/1.
With annexes it runs to 269 pages.
Ralf Grahn
Wednesday, 30 January 2008
EU Treaty of Lisbon: CSDP mission coalitions
On Monday, the Council of the European Union decided to launch an international military mission in support of UN peace-keeping missions in Darfur, Sudan. The Council conclusions stated i.a.:
“8. The Council launched the military bridging operation EUFOR Tchad/RCA. It authorised the
EU operation commander, with immediate effect, to release the activation order in order to execute the deployment of the forces and start the execution of the mission. The Council reaffirms its full commitment to contribute to the implementation of the UNSC-Resolution 1778 (2007) which authorises the deployment in Chad and Central African Republic of a multidimensional presence, including the EU providing the military element of it. In accordance with this resolution, the EU conducts this military bridging operation for a period of 12 months from the declaration of Initial Operational Capability which is planned to be reached in March 2008. A mid mandate review after 6 months, conducted in conjunction with the UN, will assess the need for a possible UN follow-on capability.”
According to the Council factsheet 14 EU member states will be present in the field and 22 at Operations Headquarters.
***
As we see, international missions – military and civilian – are not new to the common security and defence policy (CSDP) of the EU.
This operation, too, is a coalition of willing and able member state, even a broad one, with at least a token representation of more than two thirds of them.
The Lisbon Treaty clarifies the basic Treaty provisions on CSDP operations, but more than creating new rules it is a codification of existing (and evolving) practice, where the European Union acts to enhance peace and stability in troubled regions.
***
In the Treaty of Lisbon the intergovernmental conference (IGC 2007) offers us one of its new and unmaimed Articles in the Treaty on European Union (TEU) Article 28c (OJ 17.12.2007 C 306/35).
50) The following new Articles 28 B to 28 E shall be inserted:
-----
Article 28c
1. Within the framework of the decisions adopted in accordance with Article 28 B, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task. Those Member States, in association with the High Representative of the Union for Foreign Affairs and Security Policy, shall agree among themselves on the management of the task.
2. Member States participating in the task shall keep the Council regularly informed of its progress on their own initiative or at the request of another Member State. Those States shall inform the Council immediately should the completion of the task entail major consequences or require amendment of the objective, scope and conditions determined for the task in the decisions referred to in paragraph 1. In such cases, the Council shall adopt the necessary decisions.
***
In the existing TEU the CSDP missions mentioned in Article 17(2) TEU (latest consolidated version OJ 29.12.2006 C 321 E/17), the Petersberg tasks, form the basis for the evolved CSDP Section in the Lisbon Treaty.
Article 17(2)
2. Questions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking.
***
The Convention fathered the rules on tasks entrusted to a group of member states in Article III-211 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/69):
Article III-211
1. Within the framework of the European decisions adopted in accordance with Article III-210, the Council of Ministers may entrust the implementation of a task to a group of Member States having the necessary capability and the desire to undertake the task. Those Member States in association with the Union Minister for Foreign Affairs shall agree between themselves on the management of the task.
2. The Council of Ministers shall be regularly informed by the Member States participating in the task of its progress. Should the completion of the task involve major new consequences or require amendment of the objective, scope and conditions for implementation adopted by the Council of Ministers under Article III-210, the Member States participating shall refer the matter to the Council of Ministers forthwith. In such cases, the Council of Ministers shall adopt the necessary European decisions.
***
The IGC 2004 was the mother of the modified Article III-310 of the Treaty establishing a Constitution for Europe:
Article III-310
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.
***
The child, Reform Treaty Article 28c TEU, is almost a clone of its mother.
The CSDP provisions have to be read in conjunction. Article 28a TEU forms the background, with 28a(4) requiring a unanimous Council decision to launch a mission, and 28a(5) offering the option to entrust a task to a group of member states. Article 28b TEU describes the various missions – the expanded Petersberg tasks – and the contents to be settled in the Council decision. (Read the two previous posts.)
Article 28c TEU tries to strike a balance between the European Union as a whole and the group of member states which actually implements the task.
The operation is launched in the name of the EU, with the Council defining the objectives, the scope and the general conditions of the mission.
Based on this authorisation, the coalition then agrees on the management of the task, in association with the High Representative.
Basically, the ‘coalition of the willing and able’ runs the operation, and the rest of the member states (Council) only have a right to be informed.
If the mission runs into trouble, or if other major changes are needed, the Council takes on the role of decision maker.
Ralf Grahn
Sources:
Council of the European Union: Council conclusions, General Affairs and External Relations, 28 January 2008, 5624/08, Provisional version (p. 12-15)
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/gena/98460.pdf
European Union Council Secretariat: Background: EU Military Operation in Eastern Chad and North Eastern Central African Republic (EUFOR Tchad/RCA), January 2008 (p. 2)
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/misc/98416.pdf
“8. The Council launched the military bridging operation EUFOR Tchad/RCA. It authorised the
EU operation commander, with immediate effect, to release the activation order in order to execute the deployment of the forces and start the execution of the mission. The Council reaffirms its full commitment to contribute to the implementation of the UNSC-Resolution 1778 (2007) which authorises the deployment in Chad and Central African Republic of a multidimensional presence, including the EU providing the military element of it. In accordance with this resolution, the EU conducts this military bridging operation for a period of 12 months from the declaration of Initial Operational Capability which is planned to be reached in March 2008. A mid mandate review after 6 months, conducted in conjunction with the UN, will assess the need for a possible UN follow-on capability.”
According to the Council factsheet 14 EU member states will be present in the field and 22 at Operations Headquarters.
***
As we see, international missions – military and civilian – are not new to the common security and defence policy (CSDP) of the EU.
This operation, too, is a coalition of willing and able member state, even a broad one, with at least a token representation of more than two thirds of them.
The Lisbon Treaty clarifies the basic Treaty provisions on CSDP operations, but more than creating new rules it is a codification of existing (and evolving) practice, where the European Union acts to enhance peace and stability in troubled regions.
***
In the Treaty of Lisbon the intergovernmental conference (IGC 2007) offers us one of its new and unmaimed Articles in the Treaty on European Union (TEU) Article 28c (OJ 17.12.2007 C 306/35).
50) The following new Articles 28 B to 28 E shall be inserted:
-----
Article 28c
1. Within the framework of the decisions adopted in accordance with Article 28 B, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task. Those Member States, in association with the High Representative of the Union for Foreign Affairs and Security Policy, shall agree among themselves on the management of the task.
2. Member States participating in the task shall keep the Council regularly informed of its progress on their own initiative or at the request of another Member State. Those States shall inform the Council immediately should the completion of the task entail major consequences or require amendment of the objective, scope and conditions determined for the task in the decisions referred to in paragraph 1. In such cases, the Council shall adopt the necessary decisions.
***
In the existing TEU the CSDP missions mentioned in Article 17(2) TEU (latest consolidated version OJ 29.12.2006 C 321 E/17), the Petersberg tasks, form the basis for the evolved CSDP Section in the Lisbon Treaty.
Article 17(2)
2. Questions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking.
***
The Convention fathered the rules on tasks entrusted to a group of member states in Article III-211 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/69):
Article III-211
1. Within the framework of the European decisions adopted in accordance with Article III-210, the Council of Ministers may entrust the implementation of a task to a group of Member States having the necessary capability and the desire to undertake the task. Those Member States in association with the Union Minister for Foreign Affairs shall agree between themselves on the management of the task.
2. The Council of Ministers shall be regularly informed by the Member States participating in the task of its progress. Should the completion of the task involve major new consequences or require amendment of the objective, scope and conditions for implementation adopted by the Council of Ministers under Article III-210, the Member States participating shall refer the matter to the Council of Ministers forthwith. In such cases, the Council of Ministers shall adopt the necessary European decisions.
***
The IGC 2004 was the mother of the modified Article III-310 of the Treaty establishing a Constitution for Europe:
Article III-310
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.
***
The child, Reform Treaty Article 28c TEU, is almost a clone of its mother.
The CSDP provisions have to be read in conjunction. Article 28a TEU forms the background, with 28a(4) requiring a unanimous Council decision to launch a mission, and 28a(5) offering the option to entrust a task to a group of member states. Article 28b TEU describes the various missions – the expanded Petersberg tasks – and the contents to be settled in the Council decision. (Read the two previous posts.)
Article 28c TEU tries to strike a balance between the European Union as a whole and the group of member states which actually implements the task.
The operation is launched in the name of the EU, with the Council defining the objectives, the scope and the general conditions of the mission.
Based on this authorisation, the coalition then agrees on the management of the task, in association with the High Representative.
Basically, the ‘coalition of the willing and able’ runs the operation, and the rest of the member states (Council) only have a right to be informed.
If the mission runs into trouble, or if other major changes are needed, the Council takes on the role of decision maker.
Ralf Grahn
Sources:
Council of the European Union: Council conclusions, General Affairs and External Relations, 28 January 2008, 5624/08, Provisional version (p. 12-15)
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/gena/98460.pdf
European Union Council Secretariat: Background: EU Military Operation in Eastern Chad and North Eastern Central African Republic (EUFOR Tchad/RCA), January 2008 (p. 2)
http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/misc/98416.pdf
Sunday, 27 January 2008
EU Treaty of Lisbon: CFSP financial provisions
Why do the unsettled times between Royal prerogatives and Parliamentary appropriations described in the Diary of Samuel Pepys (1633 – 1703) come to my mind, when I look at the financial provisions for the common foreign and security policy (CFSP) and the common security and defence policy (CSDP) of the European Union (EU)?
If nothing more is sought than soothing foreign policy statements, if there is unanimity, the costs are negligible. But since the early days of European Political Cooperation (EPC) the member states have gradually started to think that they could actually have an impact in world affairs, given the means.
The Lisbon Treaty is a step in that direction, with enhanced coordination and more flexible allocation of resources. The governments and the Council remain key players, with only a light touch of democratic scrutiny by the European Parliament concerning both contents and finances.
When the Union budget is used for CFSP ends the European Parliament is only consulted. If the member states use their own resources, the EP can be side-stepped.
***
The intergovernmental conference (IGC 2007) deemed it opportune to present its reforms like this (OJ 17.12.2007 C 306/31 and 32):
46) Articles 27 A to 27 E, on enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above.
47) Article 28 shall be amended as follows:
(a) paragraph 1 shall be deleted and the remaining paragraphs shall be renumbered accordingly; throughout the Article the words "budget of the European Communities" shall be replaced by "Union budget";
(b) in paragraph 2, renumbered 1, the words "which the provisions relating to the areas referred to in this Title entail" shall be replaced by "to which the implementation of this Chapter gives rise";
(c) in paragraph 3, renumbered 2, the words "the implementation of those provisions" in the first subparagraph shall be replaced by "the implementation of this Chapter";
(d) the following new paragraph 3 shall be added and paragraph 4 deleted:
"3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It shall act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:
(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.".
***
We start our work by going to the existing Article 28 of the Treaty on European Union (TEU), which we find in the latest consolidated version of the Treaty (OJ 29.12.2006 C 321 E/23):
Article 28
1. Articles 189, 190, 196 to 199, 203, 204, 206 to 209, 213 to 219, 255 and 290 of the
Treaty establishing the European Community shall apply to the provisions relating to the areas
referred to in this title.
2. Administrative expenditure which the provisions relating to the areas referred to in this title
entail for the institutions shall be charged to the budget of the European Communities.
3. Operating expenditure to which the implementation of those provisions gives rise shall also
be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications and cases where the Council acting unanimously decides otherwise.
In cases where expenditure is not charged to the budget of the European Communities, it shall be charged to the Member States in accordance with the gross national product scale, unless the
Council acting unanimously 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 23(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
4. The budgetary procedure laid down in the Treaty establishing the European Community shall
apply to the expenditure charged to the budget of the European Communities.
***
What is Article 28 TEU going to look like, if the Lisbon Treaty enters into force? Merging the existing text with the amendments drafted by the IGC 2007 should lead us to a new, consolidated Article 28 TEU:
Article 28
1. Administrative expenditure to which the implementation of this Chapter gives rise 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 acting unanimously 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 acting unanimously 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 23(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It shall act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:
(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.
***
The Convention, led by Valéry Giscard d’Estaing, looked for more flexibility and rapidity by proposing the following Article III-215 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/70):
SECTION 2
Financial provisions
Article III-215
1. Administrative expenditure which the provisions referred to in this Chapter entail for the institutions shall be charged to the Union budget.
2. Operating expenditure to which the implementation of those provisions 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 of Ministers decides otherwise.
In cases where expenditure is not charged to the Union's budget it shall be charged to the Member States in accordance with the gross national product scale, unless the Council of Ministers decides otherwise. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council of Ministers have made a formal declaration under Article III-201(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
3. The Council of Ministers 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 tasks as referred to in Article I-40(1). It shall act after consulting the European Parliament.
Preparatory activities for tasks as referred to in Article I-40(1) which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council of Ministers 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 and the procedures for reimbursement;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When it is planning a task as referred to in Article I-40(1) which cannot be charged to the Union's budget, the Council of Ministers shall authorise the Union Minister for Foreign Affairs to use the fund. The Union Minister for Foreign Affairs shall report to the Council of Ministers on the implementation of this remit.
***
In the Treaty establishing a Constitution for Europe the member states took on board the proposal of the Convention with minor changes in Article III-313 (OJ 16.12.2004 C 310/141 and 142):
SECTION 3
FINANCIAL PROVISIONS
Article III-313
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.
***
The similarities between the draft Constitutional Treaty, the Constitutional Treaty and the Lisbon Treaty are obvious in this Article.
The financial provisions in Article 28 TEU concern ‘this Chapter’, i.e. the common foreign and security policy (CFSP), including the common security and defence policy (CSDP).
Administrative expenditure is charged to the Union budget.
Non-military operating expenses are charged to the Union budget, if the Council does not unanimously decide otherwise.
Expenditure with military or defence implications is charged to the member states, if the Council does not unanimously decide otherwise. As a rule, a gross national product scale is used for the contributions of the member states, but the Council can unanimously decide otherwise.
The reference to the formal declaration in Article 23(1), second subparagraph, points to the existing TEU. Following the original numbering of the Reform Treaty TEU (as I have done throughout), the corresponding provision is Article 15b(1) TEU, second subparagraph:
“Article 15b(1)
Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept 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 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.”
In other words, an abstaining member state makes a formal declaration, lets the other members proceed, but is not bound by the decision with military or defence implications, including the operating expenditure.
Rapid access to CFSP resources is the novelty in the Lisbon Treaty, as proposed by the Convention and incorporated into the Constitutional Treaty, especially preparatory activities for CSDP operations referred to in Article 28a(1) and Article 28b.
The Council decides on the procedures for rapid access to funds from the Union budget for urgent needs. The European Parliament is only consulted.
If the preparatory activities can not be charged to the Union budget, they shall be covered by a start-up fund made up of member states’ contribution. The Council makes the decisions needed by qualified majority, on a proposal from the High Representative. The Council authorises the use of the fund and monitors its use. – There is no mention of scrutiny by the European Parliament.
***
The provisions on the common security and defence policy (CSDP) are next in line.
Ralf Grahn
If nothing more is sought than soothing foreign policy statements, if there is unanimity, the costs are negligible. But since the early days of European Political Cooperation (EPC) the member states have gradually started to think that they could actually have an impact in world affairs, given the means.
The Lisbon Treaty is a step in that direction, with enhanced coordination and more flexible allocation of resources. The governments and the Council remain key players, with only a light touch of democratic scrutiny by the European Parliament concerning both contents and finances.
When the Union budget is used for CFSP ends the European Parliament is only consulted. If the member states use their own resources, the EP can be side-stepped.
***
The intergovernmental conference (IGC 2007) deemed it opportune to present its reforms like this (OJ 17.12.2007 C 306/31 and 32):
46) Articles 27 A to 27 E, on enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above.
47) Article 28 shall be amended as follows:
(a) paragraph 1 shall be deleted and the remaining paragraphs shall be renumbered accordingly; throughout the Article the words "budget of the European Communities" shall be replaced by "Union budget";
(b) in paragraph 2, renumbered 1, the words "which the provisions relating to the areas referred to in this Title entail" shall be replaced by "to which the implementation of this Chapter gives rise";
(c) in paragraph 3, renumbered 2, the words "the implementation of those provisions" in the first subparagraph shall be replaced by "the implementation of this Chapter";
(d) the following new paragraph 3 shall be added and paragraph 4 deleted:
"3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It shall act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:
(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.".
***
We start our work by going to the existing Article 28 of the Treaty on European Union (TEU), which we find in the latest consolidated version of the Treaty (OJ 29.12.2006 C 321 E/23):
Article 28
1. Articles 189, 190, 196 to 199, 203, 204, 206 to 209, 213 to 219, 255 and 290 of the
Treaty establishing the European Community shall apply to the provisions relating to the areas
referred to in this title.
2. Administrative expenditure which the provisions relating to the areas referred to in this title
entail for the institutions shall be charged to the budget of the European Communities.
3. Operating expenditure to which the implementation of those provisions gives rise shall also
be charged to the budget of the European Communities, except for such expenditure arising from operations having military or defence implications and cases where the Council acting unanimously decides otherwise.
In cases where expenditure is not charged to the budget of the European Communities, it shall be charged to the Member States in accordance with the gross national product scale, unless the
Council acting unanimously 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 23(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
4. The budgetary procedure laid down in the Treaty establishing the European Community shall
apply to the expenditure charged to the budget of the European Communities.
***
What is Article 28 TEU going to look like, if the Lisbon Treaty enters into force? Merging the existing text with the amendments drafted by the IGC 2007 should lead us to a new, consolidated Article 28 TEU:
Article 28
1. Administrative expenditure to which the implementation of this Chapter gives rise 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 acting unanimously 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 acting unanimously 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 23(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It shall act after consulting the European Parliament.
Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council shall adopt by a qualified majority, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:
(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.
***
The Convention, led by Valéry Giscard d’Estaing, looked for more flexibility and rapidity by proposing the following Article III-215 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/70):
SECTION 2
Financial provisions
Article III-215
1. Administrative expenditure which the provisions referred to in this Chapter entail for the institutions shall be charged to the Union budget.
2. Operating expenditure to which the implementation of those provisions 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 of Ministers decides otherwise.
In cases where expenditure is not charged to the Union's budget it shall be charged to the Member States in accordance with the gross national product scale, unless the Council of Ministers decides otherwise. As for expenditure arising from operations having military or defence implications, Member States whose representatives in the Council of Ministers have made a formal declaration under Article III-201(1), second subparagraph, shall not be obliged to contribute to the financing thereof.
3. The Council of Ministers 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 tasks as referred to in Article I-40(1). It shall act after consulting the European Parliament.
Preparatory activities for tasks as referred to in Article I-40(1) which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.
The Council of Ministers 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 and the procedures for reimbursement;
(b) the procedures for administering the start-up fund;
(c) the financial control procedures.
When it is planning a task as referred to in Article I-40(1) which cannot be charged to the Union's budget, the Council of Ministers shall authorise the Union Minister for Foreign Affairs to use the fund. The Union Minister for Foreign Affairs shall report to the Council of Ministers on the implementation of this remit.
***
In the Treaty establishing a Constitution for Europe the member states took on board the proposal of the Convention with minor changes in Article III-313 (OJ 16.12.2004 C 310/141 and 142):
SECTION 3
FINANCIAL PROVISIONS
Article III-313
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.
***
The similarities between the draft Constitutional Treaty, the Constitutional Treaty and the Lisbon Treaty are obvious in this Article.
The financial provisions in Article 28 TEU concern ‘this Chapter’, i.e. the common foreign and security policy (CFSP), including the common security and defence policy (CSDP).
Administrative expenditure is charged to the Union budget.
Non-military operating expenses are charged to the Union budget, if the Council does not unanimously decide otherwise.
Expenditure with military or defence implications is charged to the member states, if the Council does not unanimously decide otherwise. As a rule, a gross national product scale is used for the contributions of the member states, but the Council can unanimously decide otherwise.
The reference to the formal declaration in Article 23(1), second subparagraph, points to the existing TEU. Following the original numbering of the Reform Treaty TEU (as I have done throughout), the corresponding provision is Article 15b(1) TEU, second subparagraph:
“Article 15b(1)
Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded.
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration under the present subparagraph. In that case, it shall not be obliged to apply the decision, but shall accept 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 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.”
In other words, an abstaining member state makes a formal declaration, lets the other members proceed, but is not bound by the decision with military or defence implications, including the operating expenditure.
Rapid access to CFSP resources is the novelty in the Lisbon Treaty, as proposed by the Convention and incorporated into the Constitutional Treaty, especially preparatory activities for CSDP operations referred to in Article 28a(1) and Article 28b.
The Council decides on the procedures for rapid access to funds from the Union budget for urgent needs. The European Parliament is only consulted.
If the preparatory activities can not be charged to the Union budget, they shall be covered by a start-up fund made up of member states’ contribution. The Council makes the decisions needed by qualified majority, on a proposal from the High Representative. The Council authorises the use of the fund and monitors its use. – There is no mention of scrutiny by the European Parliament.
***
The provisions on the common security and defence policy (CSDP) are next in line.
Ralf Grahn
Thursday, 29 November 2007
Expensive peace operations
According to the Stockholm International Peace Research Institute (SIPRI) the combined known costs of UN, EU and NATO peace missions reached the record level of $5.5 billion in 2006.
A lot of money, one could say. On the other hand, world military expenditure in 2006 was $1204 billion.
Thus, the grand total of these peace missions was 0.46 per cent of combined military expenditure last year.
Something to think about?
Ralf Grahn
Source:
SIPRI Yearbook 2007, Summary in English;
http://books.sipri.org/product_info?c_product_id=346
A lot of money, one could say. On the other hand, world military expenditure in 2006 was $1204 billion.
Thus, the grand total of these peace missions was 0.46 per cent of combined military expenditure last year.
Something to think about?
Ralf Grahn
Source:
SIPRI Yearbook 2007, Summary in English;
http://books.sipri.org/product_info?c_product_id=346
Monday, 15 October 2007
Very latest EU
From 12 until 15 October 2007 I have fed my Finnish blog with some web columns and notices about the European Union. The topics include the EU and globalisation, Turkey’s maturity for EU membership, military assistance within the EU and NATO, the need for the European Union, consolidated versions of the Reform Treaty, ’civil’ members of a military alliance to be and self-inflicted marginalisation.
The adress is:
http://grahnlaw.blogs.fi
The postings have the following headings:
EU globalisaatiossa
Turkki ja EU:n laajeneminen
Sanoma euroskeptikoille
EU:n ja Naton turvatakuut
Uudet EU-sopimukset päivitettyinä
Puolustusliiton siviilijäsenet
Arkaaisessa marginaalissa hyvä olla?
Regards
Ralf Grahn
The adress is:
http://grahnlaw.blogs.fi
The postings have the following headings:
EU globalisaatiossa
Turkki ja EU:n laajeneminen
Sanoma euroskeptikoille
EU:n ja Naton turvatakuut
Uudet EU-sopimukset päivitettyinä
Puolustusliiton siviilijäsenet
Arkaaisessa marginaalissa hyvä olla?
Regards
Ralf Grahn
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