ARTICLE J
A common foreign and security policy
is hereby established which shall be governed by the following provisions.
ARTICLE J.1
1. The union and its Member States
shall define and implement a common foreign and security policy, governed
by the provisions of the Title and covering all areas of foreign and security
policy.
2. The objectives of the common
foreign and security policy shall be:
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to safeguard the common values, fundamental
interests and independence of the Union;
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to strengthen the security of the Union
and its Member States in all ways;
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to preserve peace and strengthen international
security, in accordance with the principles of the United Nations Charter
as well as the principles of the Helsinki Final Act and the objectives
of the Paris Charter;
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to promote international cooperation;
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to develop and consolidate democracy
and the rule of law, and respect for human rights and fundamental freedoms.
3. The Union shall pursue these objectives;
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by establishing systematic cooperation
between Member States in the conduct of policy, in accordance with Article
J.2;
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by gradually implementing, in accordance
with Article J.3, joint action in the areas in which the Member States
have important interests in common.
4. The Member States shall support the
Union's external and security policy actively and unreservedly in a spirit
of loyalty and mutual solidarity. They shall refrain from any action which
is contrary to the interests of the Union or likely to impair its effectiveness
as a cohesive force in international relations. The Council shall ensure
that these principles are complied with.
ARTICLE J.2
1. Member States shall inform and
consult one another within the Council on any matter of foreign and security
policy of general interest in order to ensure that their combined influence
is exerted as effectively as possible by means of concerted and convergent
action.
2. Whenever it deems it necessary,
the Council shall define a common position. Member States shall ensure
that their national policies conform on the common positions.
3. Member States shall coordinate
their action in international organizations and at international conferences.
They shall uphold the common positions in such fora. In international organizations
and at international conferences where not all the Member States participate,
those which do take part shall uphold the common positions.
ARTICLE J.3
The procedure for adopting joint
action in matters covered by foreign and security policy shall be the following:
1. The Council shall decide, on
the basis of general guidelines from the European Council, that a matter
should be the subject of joint action.
Whenever the Council decides on
the principle of joint action, it shall lay down the specific scope, the
Union's general and specific objectives in carrying out such action, if
necessary its duration, and the means, procedures and conditions for its
implementation.
2. The Council shall, when adopting
the joint action and at any stage during its development, define those
matters on which decisions are to be taken by a qualified majority.
Where the Council is required to
act by a qualified majority pursuant to the preceding subparagraph, the
votes of its members shall be weighted in accordance with Article 148(2)
of the Treaty establishing the European Community, and for their adoption,
acts of the Council shall require at least fifty-four votes in favour,
cast by at least eight members.
3. If there is a change in circumstances
having a substantial effect on a question subject to joint action, the
Council shall review the principles and objectives of that action and take
the necessary decisions. As long as the Council has not acted, the joint
action shall stand.
4. Joint actions shall commit the
Member States in the positions they adopt and in the conduct of their activity.
5. Whenever there is any plan to
adopt a national position or take national action pursuant to a joint action,
information shall be provided in time to allow, if necessary, for prior
consultations within the Council. The obligation to provide prior information
shall not apply to measures which are merely a national transposition of
Council decisions.
6. In cases of imperative need arising
from changes in the situation and failing a Council decision, Member States
may take the necessary measures as a matter of urgency having regard to
the general objectives of the joint action. The Member State concerned
shall inform the Council immediately of any such measures.
7. Should there be any major difficulties
in implementing a joint action, a Member State shall refer them to the
Council which shall discuss them and seek appropriate solutions. Such solu?tions
shall not run counter to the objectives of the joint action or impair its
effectiveness.
ARTICLE J.4
1. The common foreign and security
policy shall include all questions related to the security of the Union,
including the eventual framing of a common defence policy, which might
in time lead to a common defence.
2. The union requests the Western
European Union (WEU), which is an integral part of the development of the
Union, to elaborate and implement decisions and actions of the Union which
have defence implications. The Council shall, in agreement with the institutions
of the WEU, adopt the necessary practical arrangements.
3. Issues having defence implications
dealt with under this Article shall not be subject to the procedures set
out in Article J.3.
4. The policy of the Union in accordance
with this Article shall not prejudice the specific character of the security
and defence policy of certain Member States and shall respect the obligations
of certain Member States under the North Atlantic Treaty and be compatible
with the common security and defence policy established within that framework.
5. 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 WEU and
the Atlantic Alliance, provided such cooperation does not run counter to
or impede that provided for in this Title.
6. With a view to furthering the
objective of this Treaty, and having in view the date of 1998 in the context
of Article XII of the Brussels Treaty, the provisions of this Article may
be revised as provided for in Article N(2) on the basis of a report to
be presented in 1996 by the Council to the European Council, which shall
include an evaluation of the progress made and the experience gained until
then.
ARTICLE J.5
1. The Presidency shall represent
the Union in matters coming within the common foreign and security policy.
2. The Presidency shall be responsible
for the implementation of common measures; in that capacity it shall in
principle express the position of the Union in international organizations
and international conferences.
3. In the tasks referred to in paragraphs
1 and 2, the presidency shall be assisted if needs be by the previous and
next Member States to hold the Presidency. The Commission shall be fully
associated in these tasks.
4. Without prejudice to Article
J.2(3) and Article J.3(4), Member States represented in international organizations
or international conferences where not all the Member States participate
shall keep the latter informed of any matter of common interest.
Member States which are also members
of the United Nations Security Council will concert and keep the other
Member States fully informed. Member States which are permanent members
of the Security Council will, in the execution of their functions, ensure
the defence of the positions and the interests of the union, without prejudice
to their responsibilities under the provisions of the United Nations Charter.
ARTICLE J.6
The diplomatic and consular missions
of the Member States and the Commission Delegations in third countries
and international conferences, and their representations to international
organizations, shall cooperate in ensuring that the common positions and
common measures adopted by the Council are complied with and implemented.
They shall step up cooperation by
exchanging information, carrying out joint assessments and contributing
to the implementation of the provisions referred to in Article 8c of the
Treaty establishing the European Community.
ARTICLE J.7
The Presidency shall consult the
European Parliament on the main aspects and the basic choices of the common
foreign and security policy and shall ensure that the views of the European
Parliament are duly taken into consideration. The European Parliament shall
be kept regularly informed by the Presidency and the Commission of the
development of the Union's foreign and security policy. The European Parliament
may ask questions of the Councils or make recommendations to it. It shall
hold an annual debate on progress in implementing the common foreign and
security policy.
ARTICLE J.8
1. The European Council shall define
the principles of and general guidelines for the common foreign and security
policy.
2. The Council shall take the decisions
necessary for defining and implementing the common foreign and security
policy on the basis of the general guidelines adopted by the European Council.
It shall ensure the unity, consistency and effectiveness of action by the
Union. The Council shall act unanimously, except for procedural questions
and in the case referred to in Article J.3(2).
3. Any Member State or the Commission
may refer to the Council any question relating to the common foreign policy
and may submit proposals to the Council.
4. In cases requiring a rapid decision,
the Presidency, of its own motion, or at the request of the Commission
or a Member State, shall convene an extraordinary Council meeting within
forty-eight hours or, in an emergency, within a shorter period.
5. Without prejudice to Article
151 of the Treaty establishing the European Community, a Political Committee
consisting of Political Directors shall monitor the international situation
in the areas covered by common foreign and security policy and contribute
to the definition of policies by delivering opinions to the Council at
the request of the Council or on its own initiative. It shall also monitor
the implementation of agreed policies, without prejudice to the responsibility
of the Presidency and the Commission.
ARTICLE J.9
The Commission shall be fully associated
with the work carried out in the common foreign and security policy field.
ARTICLE J.10
On the occasion of any review of
the security provisions under Article J.4, the Conference which is convened
to that effect shall also examine whether any other amendments need to
be made to provisions relating to the common foreign and security policy.
ARTICLE J.11
1. The provisions referred to in
Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163 and 217
of the Treaty establishing the European Community shall apply to the provisions
relating to the areas referred to in this Title.
2. Administrative expenditure which
the provisions relating to the areas referred to in this Title entail for
the institutions shall be charged to the budget of the European Communities.
The Council may also:
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either decide unanimously that operational
expenditure to which the implementation of those provisions gives rise
is to be charged to the budget of the European Communities; in that event,
the budgetary procedure laid down in the Treaty establishing the European
Community shall be applicable;
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or determine that such expenditure shall
be charged to the Member States, where appropriate in accordance with a
scale to be decided.
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