[ARTICLE 13]

COMMON FOREIGN AND SECURITY POLICY:

EUROPEAN COUNCIL WILL IDENTIFY, DECIDE AND ADOPT <= /b>

UNION’S FOREIGN POLICY AND DEFE= NCE INTERESTS

[ARTICLE 13]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on European Union, Title V, provisions on Common Foreign and Security Policy, Chapter 2, Specific provisions on the common foreign and security policy, Article 13

Amendment:

Clause 2, page 1, line 12, leave out ‘any’ and insert—

‘(i) Article 1, paragr= aph 29, amendments to Article 13 TEU relating to the principles of and general guidelines for the Common Foreign and Security Policy; and

(ii) any other’.=

Amendment:

Clause 2, page 1, line 12, leave out ‘any’ and insert—

‘(i) Article 1, paragr= aph 25, headings relating to the Common Foreign and Security Policy; and=

(ii) any other’.=

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Lisb= on Treaty Article:

“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&qu= ot; and the following sentence shall be added: "It shall adopt the necessa= ry 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 implement= ing it on the basis of the general guidelines and strategic lines defined by th= e European Council." The second subparagraph shall be deleted. In the third subparagraph, which shall become the second, the words "shall ensure&q= uot; 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 s= hall be put into effect by the

High Representative and by the Member States, usi= ng national and Union resources.".<= /span>

Consolidated Treaty Article(s):

“Article 13=

1. = The European Council shall define the principles of and general guidelines for = the common foreign and security policy, including for matters with defence implications.

2. = The European Council shall decide on common strategies to be implemented by the= Union in areas where the Member States have importa= nt interests in common.

Com= mon strategies shall set out their objectives, duration and the means to be made available by the Union and the Member States.<= /span>

3. = The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines defined by the European Council.

The Council shall recommend common strategies to the European Council and shall implement them, in particular by adopting joint actions and common position= s.

The Council shall ensure the unity, consistency and effectiveness of action by = the Union.”

Explanation:

It is clear that Pararaph 2 and the second sub-paragraph of= paragraph 3 have been moved, with amendments, to the new Article 10b TEU. The European Counc= il, under the terms of the Lisbon Treaty, firstly, “shall identify the Union's strategic inter= ests, determine the objectives of and define general guidelines for common foreign and security policy” and secondly, “define the principles of and general guidelines” as it is under the current Article 13 and thirdly= , "It shall adopt the necessary decisions.” This gives the European Council extraordinary powers.

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It was also amended in order to inclu= de a provision which allows the President of the European Council to convene an extraordinary meeting of the European Council if an international situation= so requires, in order to define the Un= ion’s policy on a particular issue.

The new paragraph 2 of= the Treaty now changes the previous claim that “The Council shall = frame the common foreign and security policy” to “The Council shall take the decisions necessary for defining and implementing the common foreign and security policy on the basis of the general guidelines defined by the European Council.”

Under the Lisbon Treaty, not only the Council but also the High Representative of the Union for Foreign Affairs “shall ensure the unity, consistency and effectiveness of action by the Union.”

A completely new provision has been inserted, sta= ting that “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." This Article is a further example of the further transfer = of sovereign powers from Member States to the Union concerning CFSP.