[ARTICLE 28E ]

COMMON FOREIGN A= ND SECURITY POLICY:

EU OFFERS PERMANENT STRUCTURED COOPERATION ON DEFENCE –

BOTH USELESS AND OPRESSIVE WITHOUT THE VETO

[ARTICLE 28E]

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

&= nbsp;

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

Amendment:

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

‘(i) Article 1, paragraphs 48 to 53, inserted Sect= ion 2 and Articles 28A to 28E TEU relating to the Common Security and Defence Policy; and

(ii)’.

Amendment:

Clause 2<= /span>, page 1, line 12, leave out ‘any= 217; and insert—

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

(ii) any other’.

&= nbsp;

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

ARTICL= E 28 E

1. Tho= se Member States which wish to participate in the permanent structured coopera= tion 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, s= hall notify their intention to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy.

2. Wit= hin three months following the notification referred to in paragraph 1 the Coun= cil shall adopt a decision establishing permanent structured cooperation and determin= ing the list of participating Member States. The Council shall act by a qualifi= ed majority after consulting the High Representative.

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

The Co= uncil 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 qual= ified majority shall be defined in accordance with Article 205(3)(a) of the Treat= y on the Functioning of the European Union.

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

The Co= uncil 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 qual= ified majority shall be defined in accordance with Article 205(3)(a) of the Treat= y 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 sha= ll take note that the Member= State in question h= as ceased to participate.

6. The decisions and recommendations of the Council within the framework of perman= ent 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.".

Consolidated Treaty Article(s):

n/a

Explanation:

This provision is the new basis for a select group of Member States who would li= ke to pool their resources to form the beginnings of a common European Army. U= nder the new Article 28 A (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.” The Lisbon Treaty introduces permanent structured cooperation, a framework by which a group of Member States can decide to build closer relations and co-operation. It is for the Member States who want to commit to European military equipment programmes and to provide combat units which are available for immediate ac= tion to the Union. The aim is to move forward military and defence integration. It is a step = towards a single European army.

This Article establishes the arrangements on how Member States can engage in permanent structured cooperation. The Protocol on permanent structured cooperation sets out the criteria and capability commitments for= doing so. The Member States who wish to participate in the permanent structured cooperation are duty-bound to notify the Council and t= he High Representative of the Union for For= eign Affairs and Security Policy of their intention.

&= nbsp;

After consulting the High Representative, the Council will decide by Qualified Majority Voting (QMV), to set up permanent structured cooperation and deter= mine the list of participating Member States. As it will decide by QMV, Britain= will not be able to veto such a decision. Therefore, the permanent structured cooperation in common concerns for defence will be established against the = will of some Member States. It is likely that the strongest participating Member= s (particularly Germany<= /st1:country-region>) will use the CFDP for their own purposes.

&= nbsp;

Once t= he permanent structured cooperation is established, only the participating Mem= ber States are allowed to adopt decisions relating to the development of struct= ured cooperation as well as future participating Member States. In cases where t= here is a participating Member State which no longer fulfils the criteria esta= blished in the Protocol or is no longer able to meet its commitments, the Council acting by QMV, may suspend the Member State concerned. The Member State in question is not allowed to take part in the vote and only those members of the Council representing the participating Member States can vot= e. (The QMV has been defined in the TFEU).

A participating M= ember State which wishes = to withdraw from permanent structured cooperation has to make clear this inten= tion to the Council..