[ARTICLE 28A ]

COMMON FOREIGN A= ND SECURITY POLICY:

THE EU COMPELLED TO HAVE COMMON ARMY

MANAGED BY COUNCIL, DRIVEN BY EU FOREIGN MINISTER<= /b>

[ARTICLE 28A]

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, section 2, provisions on the Common security and defence policy, Article 28= A

Amendment:

Clause 2<= /span>, page 1, line 12, after ‘excluding’, insert—

‘(i) Article 1, paragr= aphs 48 to 53, inserted Section 2 and Articles 28A to 28E TEU relating to the Co= mmon Security and Defence Policy; and

(ii)’.

Amendment:

Clause 2, page 1<= /span>, line 12, leave out ‘any’ and insert—<= /o:p>

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

(ii) any other’.=

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<= st1:City w:st=3D"on">Lisb= on Treaty Article:

“THE COMMON SECURITY AND DEFENCE POLICY<= /o:p>

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 followin= g amendments:

(a) the following new paragraph 1 shall be inserted and th= e 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 U= nion 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 performan= ce 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) <= span class=3DGramE>in the second subparagraph, the words "in accorda= nce 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 th= e Union for the implementation of the common security= and defence policy, to contribute to the objectives defined by the Council. Tho= se Member States which together establish multinational forces may also make t= hem 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 ar= maments (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 technologi= cal base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluati= ng the improvement of military capabilities.

4. Dec= isions relating to the common security and defence policy, including those initiat= ing 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

Repres= entative may propose the use of both national resources and Union instruments, toget= her 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. Tho= se 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 th= e 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<= o:p>

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= .".”

Consolidated Treaty Article(s):

“Article 17

1. The common foreign and security policy shall include all questions relating to = the security of the Union, including the progressive framing of a common defence policy, which might lead to a commo= n defence, should the European Council so decide. It shall in that case recommend to t= he Member States the adoption of such a decision in accordance with their respective constitutional requirements.

The po= licy of the Union in accordance with this Article shall not prejudice the specif= ic character of the security and defence policy of certain Member States and s= hall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework.

The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation between them in the field of armaments.

2. Que= stions referred to in this Article shall include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, includi= ng peacemaking.

3. Dec= isions having defence implications dealt with under this Article shall be taken without prejudice to the policies and obligations referred to in paragraph = 1, second subparagraph.

4. The provisions of this Article shall not prevent the development of closer cooperation between two or more Member States on a bilateral level, in the framework of the Western European Union (WEU) and NATO, provided such cooperation does not run counter to or impede that provided for in this tit= le.

5. Wit= h a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article 48.”

Explanation:

The European Council gains an enhanced provi= sion on which it can base a common defence policy. T= his Article establishes fundam= ental principles for the development of a Common Security and Defence Policy (CSD= P), particularly now that the European Security and Defence Policy (ESDP) has been renamed CSDP. Article 17 was substantially am= ended, and is now redefined as Article 28A. Under previou= s Article 17 TEU, it is stated that “the progressive framing of a common defence policy, which might lead to a = common defence, should the European Council so decide” whereas under the Lisbon Treaty, the CSDP “will lead to= a common defence, when the European Council, acting unanimously, so decides.” The transformation from “might” to “will” asserts a compulsion for the Unio= n to develop a common defence policy, even if it is not in the interests of t= he Member States.

Under Lisbon, the common defence policy becomes an essential = part of the common foreign and security policy. The Lisbon Treaty provides that “the common security and defence policy shall be an integral part of the common foreign and security policy.”= Therefore, the Lisbon Treaty recognises the CSDP, or defence policy, as an inte= gral part of the Union’s CFSP agenda. T= he CSDP will “provide the Union with an operational capacity drawing on civilian and military assets” for use “on missions outside the Union for peace-keeping, conflict prevention and strengthening international security= .” The necessary military and civilian capabilities for these tasks wil= l be provided by the Member States, but the decisions on the implementation of t= he CSDP, such as the launch of operations, will be adopted by Europe, through the Council. In essence, the resources will be supplied by the Memb= er States, including Britain, but the decision-making on how to make best use of those resources will be = made in Brussels.

The Union’s Common Security and Defence Policy will use civil and military assets for foreign interventions “in accordance with the principles of the UN charter” – however it does not require such missions to have a UN mandate. It is clear that the tasks foreseen for these missions are wider than the current ‘Petersberg<= /span> tasks’ and represent an open door for foreign intervention by EU forc= es. The gradual creati= on of a European defence force is an immense threat to democracy in Europe.

All Member States will now be committed at t= he Union level to the goal of a common defence force. Th= is amounts a major transfer of power from the Member States to the Union. The provision which states that “The policy of the Union in accordance with this Article ("in accordance wi= th this Section" Lisbon Treaty amendment) shall not prejudice the specific character of the security and defence policy of certain Member States and s= hall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework” was kept in the Lisbon Trea= ty. This is a deceitful proposal since it is obvious that if this Treaty goes through, the UK’s special relationship with NATO will be jeopardised.

This Article represents a significant move t= owards a Common defence policy, away from intergovernm= ental attempts to create practical action. The provision supporting intergovernme= ntal defence action, which states that “The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by cooperation between them in the field of armaments” will now be deleted. Instead, the Lisbon Treaty introduces= a provision which requires Member States to provi= de civilian and military capabilities for the Union for the implementation of the common security and defence policy and to contribute to the objectives defined by the Council. Moreover, “Member States shall undertake progressively to improve their military capabilities.” In order to improve the Union’s military capabilities it will be up to the European Defence Agency (EDA) to “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 technologi= cal base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluati= ng the improvement of military capabilities.” This is entirely unaccepta= ble. =

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Under = the Lisbon Treaty, decisions relating to the common security and defence policy, including initiating a military mission will be adopted by the Council acti= ng unanimously. However, the Member States will have to share their right of initiative with the High Representative of the Union for= Foreign Affairs and Security Policy. Since the High Representative is also a Commis= sion Vice President, this means that the Commission has the possibility of initiating military missions for the EU to carry out. It is an area that sh= ould have been left solely to the Member States. It also raises concerns over the intergovernmental nature of this policy. Moreover, the High Representative = will be able to make proposals to the Council together with the Commission for t= he “use of both national resources and Union instruments.”<= /p>
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The Li= sbon Treaty also introduces the prospect of the Council assigning the implementa= tion of a task to a group of Member States (see Article 28 C). The Lisbon Trea= ty also introduces a provision for “permanent structured cooperation” between a group of Member States allowing greater cooperation for a particular group of states in the area of capabilities. [= See also Article 28 E].

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The ma= jor innovation in this area is the introduction of a mutual defence clause so t= hat if one Member State is attacked, the others are obliged to provide it with help “aid and assistance by all the means = in their power.” This may be problematic since it will duplicate the wor= k of NATO. The Lisbon Treaty provides that “This shall not prejudice the specific character of the security and defence policy of certain Member Sta= tes. Commitments and cooperation in this area shall be consistent with commitmen= ts under the North Atlantic Treaty Organisation, which, for those States which= are members of it, remains the foundation of their collective defence and the f= orum for its implementation." NATO remains the key actor in the collective defence of its members. However, even with the provision mentioned above, t= here are doubts that the situation will not be changed. The Lisbon Treaty will further Union defence integration to a point at which each Member State is compelled, and where it refuses to act, it will be subordinated to the Coun= cil determining a defence policy for all the other states under structured cooperation and in time, the rebel Member State will simply be compelled to= act under the increasing authority of a High Representative who will conduct the foreign policy on behalf of the 27 member bloc.