Text of foreign policy section of the
Treaty of Lisbon, 17 December 2007

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Extract from The Treaty of Lisbon

signed by EU leaders 13 December 2007

Still to be ratified by 26 of 27 member states. (12 January 2008)
 What follows is an extract from the final version, EU document, C 306 dated 17 December 2007.


 

Insights available

The Lisbon Treaty will give some idea of what is changed in EU procedures but cannot be fully understood simply by reading the text. It has to be read in conjunction with The Treaty on European Union and the Treaty Establishing the European Community, both of these in the forms amended by the Treaty of Amsterdam and the Treaty of Nice.
 

User unfriendly EU

It is to be regretted that those who signed The Treaty of Lisbon, members of parliaments in all EU states and EU citizens have not had an opportunity to read a completed, stand-alone, coherent text. How can judgements be made on what is only a set of instructions? A further regret is that the document here quoted is still only available without a list of contents and is not presented as a single document. Readers are frustrated by having to download thirty files in order to get the full version. Furthermore, some of these documents consist of single pages and one of just a single word! A serious attempt has been made to be unhelpful to all who have a legitimate interest in the future of the European Union.

 

These amendments

The amendments required by the Treaty of Lisbon and set out below relate to the Treaty on European Union.

 

Section on Common Foreign

and Security Policy

(EU document C306, 17 12 07)
 

[Start of extract from EU text]
 

23) Title V shall be renamed as follows: "GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION AND SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY". GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION

24) The following new Chapter 1 and Articles 10 A and 10 B shall be inserted:

 

"CHAPTER 1 GENERAL PROVISIONS ON THE UNION'S EXTERNAL ACTION ARTICLE 10 A

1. The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, the rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the United Nations Charter and international law.

The Union shall seek to develop relations and build partnerships with third countries, and international, regional or global organisations which share the principles referred to in the first subparagraph. It shall promote multilateral solutions to common problems, in particular in the framework of the United Nations.

2. The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to:

(a) safeguard its values, fundamental interests, security, independence and integrity;

(b) consolidate and support democracy, the rule of law, human rights and the principles of international law;

(c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders;

(d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty;

(e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade;

(f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development;

(g) assist populations, countries and regions confronting natural or man-made disasters; and

(h) promote an international system based on stronger multilateral cooperation and good global governance.

3. The Union shall respect the principles and pursue the objectives set out in paragraphs 1 and 2 in the development and implementation of the different areas of the Union's external action covered by this Title and by Part Five of the Treaty on the Functioning of the European Union, and of the external aspects of its other policies. The Union shall ensure consistency between the different areas of its external action and between these and its other policies. The Council and the Commission, assisted by the High Representative of the Union for Foreign Affairs and Security Policy, shall ensure that consistency and shall cooperate to that effect.

ARTICLE 10 B

1. On the basis of the principles and objectives set out in Article 10 A, the European Council shall identify the strategic interests and objectives of the Union.

Decisions of the European Council on the strategic interests and objectives of the Union shall relate to the common foreign and security policy and to other areas of the external action of the Union. Such decisions may concern the relations of the Union with a specific country or region or may be thematic in approach. They shall define their duration, and the means to be made available by the Union and the Member States.

The European Council shall act unanimously on a recommendation from the Council, adopted by the latter under the arrangements laid down for each area. Decisions of the European Council shall be implemented in accordance with the procedures provided for in the Treaties.

2. The High Representative of the Union for Foreign Affairs and Security Policy, for the area of common foreign and security policy, and the Commission, for other areas of external action, may submit joint proposals to the Council.".

 

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THE COMMON FOREIGN AND SECURITY POLICY

 

25) The following headings shall be inserted:

"CHAPTER 2

SPECIFIC PROVISIONS ON THE COMMON FOREIGN AND SECURITY POLICY

SECTION 1 COMMON PROVISIONS".

26) The following new Article 10 C shall be inserted:

"ARTICLE 10 C

The Union's action on the international scene, pursuant to this Chapter, shall be guided by the principles, shall pursue the objectives of, and be conducted in accordance with, the general provisions laid down in Chapter 1.".

27) Article 11 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following two paragraphs:

"1. The Union's competence in matters of common foreign and security policy shall cover all areas of foreign policy and all questions relating to the Union's security, including the progressive framing of a common defence policy that might lead to a common defence.

The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise. The adoption of legislative acts shall be excluded. The common foreign and security policy shall be put into effect by the High Representative of the Union for Foreign Affairs and Security Policy and by Member States, in accordance with the Treaties. The specific role of the European Parliament and of the Commission in this area is defined by the Treaties. The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions, with the exception of its jurisdiction to monitor compliance with Article 25b of this Treaty and to review the legality of certain decisions as provided for by the second paragraph of Article 240a of the Treaty on the Functioning of the European Union.

2. Within the framework of the principles and objectives of its external action, the Union shall conduct, define and implement a common foreign and security policy, based on the development of mutual political solidarity among Member States, the identification of questions of general interest and the achievement of an ever-increasing degree of convergence of Member States' actions.";

(b) paragraph 2, renumbered 3, shall be amended as follows:

(i) The following words shall be added at the end of the first subparagraph:

"and shall comply with the Union's action in this area.";

(ii) the third subparagraph shall be replaced by "The Council and the High Representative shall ensure compliance with these principles.".

28) Article 12 shall be replaced by the following:

"ARTICLE 12

The Union shall conduct the common foreign and security policy by:

(a) defining the general guidelines;

(b) adopting decisions defining:

(i) actions to be undertaken by the Union;

(ii) positions to be taken by the Union;

(iii) arrangements for the implementation of the decisions referred to in points (i)

and (ii); and by

(c) strengthening systematic cooperation between Member States in the conduct of policy.".

29) Article 13 shall be amended as follows:

(a) in paragraph 1, the words "define the principles of and general guidelines for" shall be replaced by "identify the Union's strategic interests, determine the objectives of and define general guidelines for" and the following sentence shall be added: "It shall adopt the necessary decisions.". The following subparagraph shall be inserted:

"If international developments so require, the President of the European Council shall convene an extraordinary meeting of the European Council in order to define the strategic lines of the Union's policy in the face of such developments.";

(b) paragraph 2 shall be deleted and paragraph 3 shall be renumbered 2. The first subparagraph shall be replaced by the following: "The Council shall frame the common foreign and security policy and take the decisions necessary for defining and implementing it on the basis of the general guidelines and strategic lines defined by the European Council." The second subparagraph shall be deleted. In the third subparagraph, which shall become the second, the words "shall ensure" shall be replaced by "and the High Representative of the Union for Foreign Affairs and Security Policy shall ensure";

(c) the following new paragraph shall be inserted:

"3. The common foreign and security policy shall be put into effect by the High Representative and by the Member States, using national and Union resources.".

30) The following new Article 13a shall be inserted:

"ARTICLE 13a

1. The High Representative of the Union for Foreign Affairs and Security Policy, who shall chair the Foreign Affairs Council, shall contribute through his proposals towards the preparation of the common foreign and security policy and shall ensure implementation of the decisions adopted by the European Council and the Council.

2. The High Representative shall represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on the Union's behalf and shall express the Union's position in international organisations and at international conferences.

3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.".

31) Article 14 shall be amended as follows:

(a) in paragraph 1, the first two sentences shall be replaced by the following sentence:

"Where the international situation requires operational action by the Union, the Council shall adopt the necessary decisions.";

(b) paragraph 2 shall become the second subparagraph of paragraph 1, and the other paragraphs shall be renumbered accordingly. In the first sentence, the words "to joint action," shall be replaced by "to such a decision," and the words "that action" shall be replaced by "that decision". The last sentence shall be deleted;

(c) in paragraph 3, renumbered 2, the words "Joint actions" shall be replaced by "Decisions referred to in paragraph 1";

(d) the current paragraph 4 shall be deleted and the remaining paragraphs shall be renumbered accordingly;

(e) in the first sentence of paragraph 5, renumbered 3, the words "pursuant to a joint action, information shall be provided in time to allow," shall be replaced by "pursuant to a decision as referred to in paragraph 1, information shall be provided by the Member State concerned in time to allow,";

(f) in the first sentence of paragraph 6, renumbered 4, the words "failing a Council decision," shall be replaced by "failing a review of the Council decision as referred to in paragraph 1," and the words "of the joint action" shall be replaced by "of that decision";

(g) in paragraph 7, renumbered 5, the words "joint action" in the first sentence shall be replaced by "decision as referred to in this Article" and in the second sentence by

"decision referred to in paragraph 1".

32) At the beginning of Article 15, the words "The Council shall adopt common positions. Common positions shall define" shall be replaced by "The Council shall adopt decisions which shall define" and at the end of the Article the words "common positions" shall be replaced by "Union positions".

33) An Article 15a shall be inserted, with the text of Article 22, with the following amendments:

(a) in paragraph 1, the words "Any Member State or the Commission may refer to the Council any question relating to the common foreign and security policy" shall be replaced by "Any Member State, the High Representative of the Union for Foreign Affairs and Security Policy, or the High Representative with the Commission's support, may refer any question relating to the common foreign and security policy to the Council" and the words "submit proposals to the Council" shall be replaced by "submit to it initiatives or proposals as appropriate";

(b) in paragraph 2, the words "the Presidency, of its own motion," shall be replaced by "the High Representative, of his own motion" and the words ", or at the request of the Commission or a Member State," shall be replaced by ", or at the request of a Member State,".

34) An Article 15b shall be inserted, with the text of Article 23, with the following amendments:

(a) in paragraph 1, the first subparagraph shall be replaced by the following: "Decisions under this Chapter shall be taken by the European Council and the Council acting unanimously, except where this Chapter provides otherwise. The adoption of legislative acts shall be excluded." and the last sentence in the second subparagraph shall be replaced by the following: "If the members of the Council qualifying their abstention in this way represent at least one third of the Member States comprising at least one third of the population of the Union, the decision shall not be adopted.";

(b) paragraph 2 shall be amended as follows:

(i) the first indent shall be replaced by the following two indents:

"– when adopting a decision defining a Union action or position on the basis of a decision of the European Council relating to the Union's strategic interests and objectives, as referred to in Article 10 B(1),

– when adopting a decision defining a Union action or position, on a proposal which the High Representative of the Union for Foreign Affairs and Security Policy has presented following a specific request from the European Council, made on its own initiative or that of the High Representative,";

 

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(ii) in the second indent, which shall become the third indent, the words "a joint action or a common position," shall be replaced by "a decision defining a Union action or position,";

(iii) in the second subparagraph, first sentence, the word "important" shall be replaced by "vital"; the last sentence shall be replaced by the following: "The High Representative will, in close consultation with the Member State involved, search for a solution acceptable to it. If he does not succeed, the Council may, acting by a qualified majority, request that the matter be referred to the European Council for a decision by unanimity.";

(iv) the third subparagraph shall be replaced by the following new paragraph 3, the last subparagraph shall become paragraph 4 and paragraph 3 shall be renumbered 5:

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

(c) in the paragraph now numbered 4, the words "This paragraph shall not apply" shall be replaced by "Paragraphs 2 and 3 shall not apply".

35) Article 16 shall be amended as follows:

(a) the words "inform and" shall be deleted, the words "within the Council" shall be replaced by "within the European Council and the Council" and the words "in order to ensure that the Union's influence is exerted as effectively as possible by means of concerted and convergent action" shall be replaced by "in order to determine a common approach";

(b) the following sentences shall be added after the first sentence: "Before undertaking any action on the international scene or entering into any commitment which could affect the Union's interests, each Member State shall consult the others within the European Council or the Council. Member States shall ensure, through the convergence of their actions, that the Union is able to assert its interests and values on the international scene. Member States shall show mutual solidarity.";

(c) the following two paragraphs shall be added:

"When the European Council or the Council has defined a common approach of the Union within the meaning of the first paragraph, the High Representative of the Union for Foreign Affairs and Security Policy and the Ministers for Foreign Affairs of the Member States shall coordinate their activities within the Council.

The diplomatic missions of the Member States and the Union delegations in third countries and at international organisations shall cooperate and shall contribute to formulating and implementing the common approach.".

36) The text of Article 17 shall become Article 28 A, it shall be amended as set out below in point 49.

37) Article 18 shall be amended as follows:

(a) paragraphs 1 to 4 shall be deleted;

(b) in paragraph 5, which shall not be numbered, the words "whenever it deems it necessary," shall be replaced by "on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy" and the following sentence shall be added at the end: "The special representative shall carry out his mandate under the authority of the High Representative.".

38) Article 19 shall be amended as follows:

(a) in paragraph 1, the words "the common positions" shall be replaced by "the Union's positions" in the first and second subparagraphs and the following sentence shall be added at the end of the first subparagraph: "The High Representative of the Union for Foreign Affairs and Security Policy shall organise this coordination.";

(b) paragraph 2 shall be amended as follows:

(i) in the first subparagraph, the words "Without prejudice to paragraph 1 and Article 14(3)," shall be replaced by "In accordance with Article 11(3)," and the words "the latter" shall be replaced by "the other Member States and the High Representative";

(ii) in the second subparagraph, first sentence, the words "and the High Representative" shall be inserted after "the other Member States; in the second sentence, the word "permanent" shall be deleted and the words "ensure the defence of the positions" shall be replaced by "defend the positions";

(iii) the following new third subparagraph shall be added:

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

39) Article 20 shall be amended as follows:

(a) in the first paragraph, the words "Commission delegations" shall be replaced by "Union delegations" and the words "the common positions and joint actions adopted by the Council" shall be replaced by "decisions defining Union positions and actions adopted pursuant to this Chapter";

(b) in the second paragraph, the words "information, carrying out joint assessments" shall be replaced by "information and carrying out joint assessments" and the words "and contributing to the implementation of the provisions referred to in Article 20 of the Treaty establishing the European Community" shall be deleted;

(c) the following new paragraph shall be added:

"They shall contribute to the implementation of the right of citizens of the Union to protection in the territory of third countries as referred to in Article 17(2)(c) of the Treaty on the Functioning of the European Union and of the measures adopted pursuant to Article 20 of that Treaty.".

40) Article 21 shall be amended as follows:

(a) the first paragraph shall be replaced by the following:

"The High Representative of the Union for Foreign Affairs and Security Policy shall regularly consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and the common security and defence policy and inform it of how those policies evolve. He shall ensure that the views of the European Parliament are duly taken into consideration. Special representatives may be involved in briefing the European Parliament.";

(b) in the second paragraph, first sentence, the words "and to the High Representative" shall be inserted at the end; in the second sentence, the words "It shall hold an annual debate" shall be replaced by "Twice a year it shall hold a debate" and the words ", including the common security and defence policy" shall be inserted at the end.

41) The text of Article 22 shall become Article 15a; it shall be amended as set out above in point 33.

42) The text of Article 23 shall become Article 15b; it shall be amended as set out above in point 34.

43) Article 24 shall be replaced by the following:

"ARTICLE 24

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

44) Article 25 shall be amended as follows:

(a) in the first paragraph, first sentence, the reference to the Treaty establishing the European Community shall be replaced by a reference to the Treaty on the functioning of the European Union and the words "or of the High Representative of the Union for Foreign Affairs and Security Policy" shall be inserted after "at the request of the

Council"; in the second sentence, the words "without prejudice to the responsibility of the Presidency and the Commission" shall be replaced by "without prejudice to the powers of the High Representative";

(b) the text of the second paragraph shall be replaced by the following: "Within the scope of this Chapter, the Political and Security Committee shall exercise, under the responsibility of the Council and of the High Representative, the political control and strategic direction of the crisis management operations referred to in Article 28 B.";

(c) in the third paragraph, the words ", without prejudice to Article 47" shall be deleted.

45) Articles 26 and 27 shall be repealed. The following Articles 25a and 25b shall be inserted, with Article 25b replacing Article 47:

"ARTICLE 25a

In accordance with Article 16 B of the Treaty on the Functioning of the European Union and by way of derogation from paragraph 2 thereof, the Council shall adopt a decision laying down the rules relating to the protection of individuals with regard to the processing of personal data by the Member States when carrying out activities which fall within the scope of this Chapter, and the rules relating to the free movement of such data. Compliance with these rules shall be subject to the control of independent authorities.

ARTICLE 25b

The implementation of the common foreign and security policy shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences referred to in Articles 2 B to 2 E of the Treaty on the

Functioning of the European Union.

Similarly, the implementation of the policies listed in those Articles shall not affect the application of the procedures and the extent of the powers of the institutions laid down by the Treaties for the exercise of the Union competences under this Chapter."

46) Articles 27 A to 27 E, on enhanced cooperation, shall be replaced by Article 10 in accordance with point 22 above.

47) Article 28 shall be amended as follows:

(a) paragraph 1 shall be deleted and the remaining paragraphs shall be renumbered accordingly; throughout the Article the words "budget of the European Communities" shall be replaced by "Union budget";

(b) in paragraph 2, renumbered 1, the words "which the provisions relating to the areas referred to in this Title entail" shall be replaced by "to which the implementation of this Chapter gives rise";

(c) in paragraph 3, renumbered 2, the words "the implementation of those provisions" in the first subparagraph shall be replaced by "the implementation of this Chapter";

(d) the following new paragraph 3 shall be added and paragraph 4 deleted:

"3. The Council shall adopt a decision establishing the specific procedures for guaranteeing rapid access to appropriations in the Union budget for urgent financing of initiatives in the framework of the common foreign and security policy, and in particular for preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B. It

shall act after consulting the European Parliament.

Preparatory activities for the tasks referred to in Article 28 A(1) and Article 28 B which are not charged to the Union budget shall be financed by a start-up fund made up of Member States' contributions.

The Council shall adopt by a qualified majority, on a proposal from the

High Representative of the Union for Foreign Affairs and Security Policy, decisions establishing:

(a) the procedures for setting up and financing the start-up fund, in particular the amounts allocated to the fund;

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

(c) the financial control procedures.

When the task planned in accordance with Article 28 A(1) and Article 28 B cannot be charged to the Union budget, the Council shall authorise the High Representative to use the fund. The High Representative shall report to the Council on the implementation of this remit.".

 

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THE COMMON SECURITY AND DEFENCE POLICY

 

48) The following new section 2 shall be inserted:

"SECTION 2

PROVISIONS ON THE COMMON SECURITY

AND DEFENCE POLICY"

49) An Article 28 A shall be inserted, taking over the wording of Article 17, with the following amendments:

(a) the following new paragraph 1 shall be inserted and the next paragraph shall be renumbered 2:

"1. The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.";

(b) paragraph 1, renumbered 2, shall be amended as follows:

(i) the first subparagraph shall be replaced by the following:

"2. The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.";

(ii) in the second subparagraph, the words "in accordance with this Article" shall be replaced by "in accordance with this Section";

(iii) the third subparagraph shall be deleted.

(c) the present paragraphs 2, 3, 4 and 5 shall be replaced by the following paragraphs 3 to 7:

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

Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as "the European Defence Agency") shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.

4. Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.

5. The Council may entrust the execution of a task, within the Union framework, to a group of Member States in order to protect the Union's values and serve its interests.

The execution of such a task shall be governed by Article 28 C.

6. Those Member States whose military capabilities fulfil higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the Union framework. Such cooperation shall be governed by Article 28 E. It shall not affect the provisions of Article 28 B.

7. If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defence policy of certain Member States.

Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organisation, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation.".

50) The following new Articles 28 B to 28 E shall be inserted:

"ARTICLE 28 B

1. The tasks referred to in Article 28 A(1), in the course of which the Union may use civilian and military means, shall include joint disarmament operations, humanitarian and rescue tasks, military advice and assistance tasks, conflict prevention and peace-keeping tasks, tasks of combat forces in crisis management, including peace-making and post-conflict stabilisation. All these tasks may contribute to the fight against terrorism, including by supporting third countries in combating terrorism in their territories.

2. The Council shall adopt decisions relating to the tasks referred to in paragraph 1, defining their objectives and scope and the general conditions for their implementation. The High Representative of the Union for Foreign Affairs and Security Policy, acting under the authority of the Council and in close and constant contact with the Political and Security Committee, shall ensure coordination of the civilian and military aspects of such tasks.

ARTICLE 28 C

1. Within the framework of the decisions adopted in accordance with Article 28 B, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task. Those Member States, in association with the High Representative of the Union for Foreign Affairs and Security Policy, shall agree among themselves on the management of the task.

2. Member States participating in the task shall keep the Council regularly informed of its progress on their own initiative or at the request of another Member State. Those States shall inform the Council immediately should the completion of the task entail major consequences or require amendment of the objective, scope and conditions determined for the task in the decisions referred to in paragraph 1. In such cases, the Council shall adopt the necessary decisions.

ARTICLE 28 D

1. The European Defence Agency referred to in Article 28 A(3), subject to the authority of the Council, shall have as its task to:

(a) contribute to identifying the Member States' military capability objectives and evaluating observance of the capability commitments given by the Member States;

(b) promote harmonisation of operational needs and adoption of effective, compatible procurement methods;

(c) propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;

(d) support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs;

(e) contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure.

2. The European Defence Agency shall be open to all Member States wishing to be part of it. The Council, acting by a qualified majority, shall adopt a decision defining the Agency's statute, seat and operational rules. That decision should take account of the level of effective participation in the Agency's activities. Specific groups shall be set up within the Agency bringing together Member States engaged in joint projects. The Agency shall carry out its tasks in liaison with the Commission where necessary.

ARTICLE 28 E

1. Those Member States which wish to participate in the permanent structured cooperation referred to in Article 28 A(6), which fulfil the criteria and have made the commitments on military capabilities set out in the Protocol on permanent structured cooperation, shall notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.

2. Within three months following the notification referred to in paragraph 1 the Council shall adopt a decision establishing permanent structured cooperation and determining the list of participating Member States. The Council shall act by a qualified majority after consulting the High Representative.

3. Any Member State which, at a later stage, wishes to participate in the permanent structured cooperation shall notify its intention to the Council and to the High Representative.

The Council shall adopt a decision confirming the participation of the Member State concerned which fulfils the criteria and makes the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation. The Council shall act by a qualified

majority after consulting the High Representative. Only members of the Council representing the participating Member States shall take part in the vote. A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.

4. If a participating Member State no longer fulfils the criteria or is no longer able to meet the commitments referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation, the Council may adopt a decision suspending the participation of the Member State concerned.

The Council shall act by a qualified majority. Only members of the Council representing the participating Member States, with the exception of the Member State in question, shall take part in the vote.

A qualified majority shall be defined in accordance with Article 205(3)(a) of the Treaty on the Functioning of the European Union.

5. Any participating Member State which wishes to withdraw from permanent structured cooperation shall notify its intention to the Council, which shall take note that the Member State in question has ceased to participate.

6. The decisions and recommendations of the Council within the framework of permanent      structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be constituted by the votes of the representatives of the participating Member States only.".


[End of main extract from EU text, The Treaty of Lisbon.]

--------------------
[Start of second extract from EU text, The Treaty of Lisbon.]

 

55) The following new Article 46 A shall be inserted:

"ARTICLE 46 A

The Union shall have legal personality.".

TL/en 50

 

[End of second extract from EU text, The Treaty of Lisbon.]

 

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