[ARTICLE 188R]

EXTERNAL ACTION:

UNION TO ACT IN HARMONY WHEN THERE ARE

TERRORIST ATTACKS OR NATURAL DISASTERS,

WITH EU FOREIGN MINISTER DECIDING ON INTERVENTION<= /b>

[ARTICLE 188R]

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 the Functioning of the European Union, Part Five, External Action by the Un= ion, Title VII Solidarity clause, Article 188R

Amendment:

Clause  2,  page  1,  line  12,  after ‘excl= uding’, insert—<= /o:p>

‘(i) Article 2, paragraph 176, inserted Title VII = and Article 188R TEC (TFEU) relating to joint action in a spirit of solidarity;= and

(ii)’.

Amendment:

Clause  2,  page  1,  line  12,  after ‘excluding’, insert—

‘(i) Article 2, paragraph 176, inserted Article 18= 8R, TEC (TFEU) providing for the solidarity clause; and

(ii)’.

Amendment:

Clause  2,  page  1,  line  12,  after ‘excluding’, insert—

‘(i) Article 2, paragraphs 154 to 168, new Part Fi= ve TEC (TFEU) relating to external action by the European Union; and

(ii)’.

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Lisb= on Treaty Article:

“176) The following new Title VII and new Article = 188 R shall be inserted:

"TITLE VII SOLIDARITY CLAUSE

ARTICLE 188 R

1. The Union and its Member States shall act jointly in a sp= irit of solidarity if a Member= State is the object= of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its dis= posal, including the military resources made available by the Member States, to:

(a) – prevent the terrorist threat in the territor= y of the Member States;

– protect democratic institutions and the civilian population from any terrorist attack;

– assist a Member State in its territ= ory, at the request of its political authorities, in the event of a terrorist attack;

(b) assist a Member State in its territ= ory, at the request of its political authorities, in the event of a natural or man-made disaster.

2. Should a Member State be the object= of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. = To that end, the Member States shall coordinate between themselves in the Coun= cil.

3. The arrangements for the implementation by the Union = of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of= the Union for Foreign Affairs and Security P= olicy. The Council shall act in accordance with Article 15b(1) of the Treaty on Eu= ropean Union where this decision has defence implications. The European Parliament shall be informed.

For the purposes of this paragraph and without prejudice= to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Arti= cle 61 D; the two committees shall, if necessary, submit joint opinions.

4. The European Council shall regularly assess the threa= ts facing the Union in order to enable the Union and its Member States to take effective action."

Consolidated Treaty Article(s):

n/a

Explanation:

Article 188 R is a new article which introduces = a new and wide-ranging “solidarity clause” which compels the Member S= tates to act together in the event of a natural disaster or a terrorist attack.

The Lisbon Treaty introduces a "solidarity clause". Hence, = the Union as well as each Member State has to provide assistance to a Member State affected by a human or natural disaster or by a terrorist attack. According= to Article 188 R (1) “The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States” in order to prevent the terrorist threat in the territory of = the Member States and to provide assistance to EU Member States in case of a terrorist attack or a natural or man-made disaster. Taking into account the inclusion in this provision of “prevent the terrorist threat in the territory of the Member States” the EU is likely to expand its involvement in combating terrorism. This new provision provides for a collective assistance between Member States and represents a step further towards an EU common defence clause. In this clause, the EU is duplicating NATO´s work. <= /o:p>

According to Article 188 R (2), in the case of a terrorist attack or natural or man made disaster, assistance will be provid= ed only at the request of the Member State in question political authorities.

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Under Article 188 R (3) decisions on the implementation of the solidarity clause = will be made by the Council on a joint proposal by the Commission and the High Representative. In taking such important decisions the Council will act by = QMV. However, the Council will act by unanimity if a decision has defence implications. The European Parliament will be informed of such decisions. T= his new provision also provides that the Council will be assisted by the Politi= cal and Security Committee as well as by the standing committee, which will be established under Article 61 D and will focus on promoting and strengthening operational cooperation between authorities with responsibili= ty for police and internal security. These two committees may submit joint opinions.

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Article 1= 88 R (4) calls for the European Council to “regularly assess the threats facing the Union in order to enable the Union and its Member States to take effe= ctive action." Under thi= s new provision each Member State is obliged to provide assistance to anoth= er Member State which is the object of a terrorist attack or the victim of natural or man-m= ade disaster. The Article considers that the reaction to a terrorist attack or natural disaster is best taken at a European level; in actual fact, the pro= per solution must first be considered at the national level. <= /o:p>