|PART ONE SUBSTANTIVE AMENDMENTS
The Treaty on European Union shall be amended in accordance with the
provisions of this Article.
3. The existing ninth and tenth recitals shall be replaced by the following:
"RESOLVED to implement a common foreign and security policy
including the progressive framing of a common defence policy, which might
lead to a common defence in accordance with the provisions of Article J.7,
thereby reinforcing the European identity and its independence in order
to promote peace, security and progress in Europe and in the world,
RESOLVED to facilitate the free movement of persons, while ensuring
the safety and security of their peoples, by establishing an area of freedom,
security and justice, in accordance with the provisions of this Treaty,"
5. Article B shall be replaced by the following:
The Union shall set itself the following objectives:
to assert its identity on the international scene, in particular through
the implementation of a common foreign and security policy including the
progressive framing of a common defence policy, which might lead to a common
defence, in accordance with the provisions of Article J.7;"
10. Title V shall be replaced by the following:
PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY
1. The Union shall define and implement a common foreign and security
policy covering all areas of foreign and security policy, the objectives
of which shall be:
- to safeguard the common values, fundamental interests, independence
and integrity of the Union in conformity with the principles of the United
- to strengthen the security of the Union in all ways;
- 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, including
those on external borders;
- to promote international cooperation;
- to develop and consolidate democracy and the rule of law, and respect
for human rights and fundamental freedoms.
2. The Member States shall support the Union's external and security
policy actively and unreservedly in a spirit of loyalty and mutual solidarity.
The Member States shall work together to enhance and develop their mutual
political 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.
The Union shall pursue the objectives set out in Article J.1 by: -
defining the principles of and general guidelines for the common foreign
and security policy;
- deciding on common strategies;
- adopting joint actions;
- adopting common positions;
- strengthening systematic cooperation between Member States in the
conduct of policy.
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 important interests
in common. Common strategies shall set out their objectives, duration and
the means to be made available by the Union and the Member States.
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
positions. The Council shall ensure the unity, consistency and effectiveness
of action by the Union.
1. The Council shall adopt joint actions. Joint actions shall address
specific situations where operational action by the Union is deemed to
be required. They shall lay down their objectives, scope, the means to
be made available to the Union, if necessary their duration, and the conditions
for their implementation.
2. 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.
3. Joint actions shall commit the Member States in the positions they
adopt and in the conduct of their activity.
4. The Council may request the Commission to submit to it any appropriate
proposals relating to the common foreign and security policy to ensure
the implementation of a joint action.
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 solutions shall not run counter to
the objectives of the joint action or impair its effectiveness.
The Council shall adopt common positions. Common positions shall define
the approach of the Union to a particular matter of a geographical or thematic
nature. Member States shall ensure that their national policies conform
to the common positions.
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 the Union's influence is exerted as effectively as possible
by means of concerted and convergent action.
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, in accordance with the second subparagraph,
which might lead to a common defence, should the European Council so decide.
It shall in that case recommend to the Member States the adoption of such
a decision in accordance with their respective constitutional requirements.
The Western European Union (WEU) is an integral part of the development
of the Union providing the Union with access to an operational capability
notably in the context of paragraph 2. It supports the Union in framing
the defence aspects of the common foreign and security policy as set out
in this Article. The Union shall accordingly foster closer institutional
relations with the WEU with a view to the possibility of the integration
of the WEU into the Union, should the European Council so decide. It shall
in that case recommend to the Member States the adoption of such a decision
in accordance with their respective constitutional requirements. 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, 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. Questions referred to in this Article shall include humanitarian
and rescue tasks, peace-keeping tasks and tasks of combat forces in crisis
management, including peace- making.
3. The Union will avail itself of the WEU to elaborate and implement
decisions and actions of the Union which have defence implications.
The competence of the European Council to establish guidelines in accordance
with Article J.3 shall also obtain in respect of the WEU for those matters
for which the Union avails itself of the WEU.
When the Union avails itself of the WEU to elaborate and implement
decisions of the Union on the tasks referred to in paragraph 2 all Member
States of the Union shall be entitled to participate fully in the tasks
in question. The Council, in agreement with the institutions of the WEU,
shall adopt the necessary practical arrangements to allow all Member States
contributing to the tasks in question to participate fully and on an equal
footing in planning and decision taking in the WEU.
Decisions having defence implications dealt with under this paragraph
shall be taken without prejudice to the policies and obligations referred
to in paragraph 1, third subparagraph.
4. The provisions of this Article shall not prevent the development
of closer co- operation 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
5. With a view to furthering the objectives of this Article, the provisions
of this Article will be reviewed in accordance with Article N.
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 decisions
taken under this Title; in that capacity it shall in principle express
the position of the Union in inter- national organisations and international
3. The Presidency shall be assisted by the Secretary-General of the
Council who shall exercise the function of High Representative for the
common foreign and security policy.
4. The Commission shall be fully associated in the tasks referred to
in paragraphs 1 and 2. The Presidency shall be assisted in those tasks
if need be by the next Member State to hold the Presidency.
5. The Council may, whenever it deems it necessary, appoint a special
representative with a mandate in relation to particular policy issues.
1. Member States shall coordinate their action in international organisations
and at international conferences. They shall uphold the common positions
in such fora. In international organisations and at international conferences
where not all the Member States participate, those which do take part shall
uphold the common positions.
2. Without prejudice to paragraph 1 and Article J.4(3), Member States
represented in international organisations 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.
The diplomatic and consular missions of the Member States and the Commission
Delegations in third countries and international conferences, and their
representations to international organisations, shall cooperate in ensuring
that the common positions and joint actions 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.
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
The European Parliament may ask questions of the Council or make recommendations
to it. It shall hold an annual debate on progress in implementing the common
foreign and security policy.
1. Any Member State or the Commission may refer to the Council any
questions relating to the common foreign and security policy and may submit
proposals to the Council.
2. 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.
1. Decisions under this Title shall be taken by the Council acting
unanimously. Abstentions by members present in person or represented shall
not prevent the adoption of such decisions.
When abstaining in a vote, any member of the Council may qualify its
abstention by making a formal declaration under the present subparagraph.
In that case, it shall not be obliged to apply the decision, but shall
accept that the decision commits the Union. In a spirit of mutual solidarity,
the Member State concerned shall refrain from any action likely to conflict
with or impede Union action based on that decision and the other Member
States shall respect its position. If the members of the Council qualifying
their abstention in this way represent more than one third of the votes
weighted in accordance with Article 148(2) of the Treaty establishing the
European Community, the decision shall not be adopted.
2. By derogation from the provisions of paragraph 1, the Council shall
act by qualified majority:
- when adopting joint actions, common positions or taking any other
decision on the basis of a common strategy;
- when adopting any decision implementing a joint action or a common
position. If a member of the Council declares that, for important and stated
reasons of national policy, it intends to oppose the adoption of a decision
to be taken by qualified majority, a vote shall not be taken. The Council
may, acting by a qualified majority, request that the matter be referred
to the European Council for decision by unanimity. The votes of the members
of the Council shall be weighted in accordance with Article 148(2) of the
Treaty establishing the European Community. For their adoption, decisions
shall require at least 62 votes in favour, cast by at least 10 members.
This paragraph shall not apply to decisions having military or defence
3. For procedural questions, the Council shall act by a majority of
When it is necessary to conclude an agreement with one or more States
or international organisations in implementation of this Title, the Council,
acting unanimously, may authorise the Presidency, assisted by the Commission
as appropriate, to open negotiations to that effect. Such agreements shall
be concluded by the Council acting unanimously on a recommendation from
the Presidency. No agreement shall be binding on a Member State whose representative
in the Council states that it has to comply with the requirements of its
own constitutional procedure; the other members of the Council may agree
that the agreement shall apply provisionally to them.
The provisions of this Article shall also apply to matters falling
under Title VI.
Without prejudice to Article 151 of the Treaty establishing the European
Community, a Political Committee shall monitor the international situation
in the areas covered by the 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.
The Secretary-General of the Council, High Representative for the common
foreign and security policy, shall assist the Council in matters coming
within the scope of the common foreign and security policy, in particular
through contributing to the formulation, prep- aration and implementation
of policy decisions, and, when appropriate and acting on behalf of the
Council at the request of the Presidency, through conducting political
dialogue with third parties.
The Commission shall be fully associated with the work carried out
in the common foreign and security policy field.
1. Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157 to 163,
191a 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.
3. Operational expenditure to which the implementation of those provisions
gives rise shall also be charged to the budget of the European Communities,
except for such expen- diture arising from operations having military or
defence implications and cases where the Council acting unanimously decides
otherwise. In cases where expenditure is not charged to the budget of the
European Communities it shall be charged to the Member States in accordance
with the gross national product scale, unless the Council acting unanimously
decides otherwise. As for expenditure arising from operations having military
or defence implications, Member States whose represen- tatives in the Council
have made a formal declaration under Article J.13(1), second subparagraph,
shall not be obliged to contribute to the financing thereof.
4. The budgetary procedure laid down in the Treaty establishing the
European Community shall apply to the expenditure charged to the budget
of the European Communities.'