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TREATY OF AMSTERDAM
AMENDING THE TREATY ON EUROPEAN UNION,
ADOPTED BY THE CONFERENCE
3. Declaration relating to Western
"DECLARATION OF WESTERN EUROPEAN UNION ON THE ROLE OF WESTERN EUROPEAN UNION AND ITS RELATIONS WITH THE EUROPEAN UNION AND WITH THE ATLANTIC ALLIANCE
1. The Western European Union (WEU) Member States agreed at Maastricht in 1991 on the need to develop a genuine European Security and Defence Identity (ESDI) and to assume a greater European responsibility for defence matters. In the light of the Treaty of Amsterdam, they reaffirm the importance of continuing and strengthening these efforts. WEU is an integral part of the development of the European Union (EU) providing the Union with access to an operational capability, notably in the context of the Petersberg tasks and is an essential element of the development of the ESDI within the Atlantic Alliance in accordance with the Paris Declaration and with the decisions taken by NATO ministers in Berlin.
2. Today the WEU Council brings together all the Member States of the European Union and all the European Members of the Atlantic Alliance in accordance with their respective status. The Council also brings together those States with the Central and Eastern.European States linked to the European Union by an Association Agreement and that are applicants for accession to both the European Union and the Atlantic Alliance. WEU is thus establishing itself as a genuine framework for dialogue and cooperation among Europeans on wider European security and defence issues.
3. In this context, WEU takes note of Title V of the Treaty on European Union regarding the EU's common foreign and security policy, in particular Articles J.3(1), J.7 and the Protocol to Article J.7, which read as follows:
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 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.
5. With a view to furthering the objectives of this Article, the provisions of this Article will be reviewed in accordance with Article N.''
Protocol on Article J.7
""THE HIGH CONTRACTING PARTIES,
BEARING IN MIND the need to implement fully the provisions of Article J.7(1), second subparagraph, and (3) of the Treaty on European Union,
BEARING IN MIND that the policy of the Union in accordance with Article J.7 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 NATO, under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework,
HAVE AGREED UPON the following provision, which is annexed to the Treaty on European Union,
The European Union shall draw up, together with the Western European Union, arrangements for enhanced cooperation between them, within a year from the entry into force of the Treaty of Amsterdam.''
A. WEU's RELATIONS WITH THE EUROPEAN UNION: ACCOMPANYING THE IMPLEMENTATION OF THE TREATY OF AMSTERDAM
4. In the ""Declaration on the Role of the Western European Union and its Relations with the European Union and with the Atlantic Alliance'' of 10 December 1991, WEU Member States set as their objective ""to build up WEU in stages as the defence component of the European Union''. They today reaffirm this aim as developed by the Treaty of Amsterdam.
5. When the Union avails itself of WEU, WEU will elaborate and implement decisions and actions of the EU which have defence implications.
In elaborating and implementing decisions and actions of the EU for which the Union avails itself of WEU, WEU will act consistently with guidelines established by the European Council.
WEU supports the Union in framing the defence aspects of the European Union Common Foreign and Security Policy as set out in Article J.7 of the Treaty on European Union.
6. WEU confirms that when the European Union avails itself of WEU to elaborate and implement decisions of the Union on the tasks referred to in Article J.7(2) of the Treaty on European Union, all Member States of the Union shall be entitled to participate fully in the tasks in question in accordance with Article J.7(3) of the Treaty on European Union.
WEU will develop the role of the Observers in WEU in line with provisions contained in Article J.7(3) and will adopt the necessary practical arrangements to allow all Member States of the EU contributing to the tasks undertaken by WEU at the request of the EU to participate fully and on an equal footing in planning and decision-taking in the WEU.
7. Consistent with the Protocol on
Article J.7 of the Treaty on European Union, WEU shall draw up, together
with the European Union, arrangements for enhanced cooperation between
them. In this regard, a range of measures, on some of which work is already
at hand in WEU, can be taken forward now, such as:
8. The Atlantic Alliance continues to be the basis of collective defence under the North Atlantic Treaty. It remains the essential forum for consultation among Allies and the framework in which they agree on policies bearing on their security and defence commitments under the Washington Treaty. The Alliance has embarked on a process of adaptation and reform so that it can more effectively carry out the full range of its missions. This process is aimed at strengthening and renewing the transatlantic part- nership, including building an ESDI within the Alliance.
9. WEU is an essential element of the development of the European Security and Defence Identity within the Atlantic Alliance and will accordingly continue its efforts to strengthen institutional and practical cooperation with NATO.
10. In addition to its support for the common defence enshrined in Article 5 of the Wash- ington Treaty and Article V of the modified Brussels Treaty, WEU takes an active role in conflict prevention and crisis management as provided for in the Petersberg Declaration. In this context, WEU undertakes to perform its role to the full, respecting the full trans- parency and complementarity between the two Organisations.
11. WEU affirms that this identity will be grounded on sound military principles and supported by appropriate military planning and will permit the creation of militarily coherent and effective forces capable of operating under the political control and strategic direction of WEU.
12. To this end, WEU will develop
its cooperation with NATO, in particular in the following fields:
C. WEU's OPERATIONAL ROLE IN THE DEVELOPMENT OF THE ESDI
13. WEU will develop its role as the European politico-military body for crisis management, by using the assets and capabilities made available by WEU nations on a national or multinational basis, and having recourse, when appropriate, to NATO's assets and capabilities under arrangements being worked out. In this context, WEU will also support the UN and OSCE in their crisis management tasks.
WEU will contribute, in the framework of Article J.7 of the Treaty on European Union, to the progressive framing of a common defence policy and carry forward its concrete implementation through the further development of its own operational role.
14. To this end, WEU will take forward
work in the following fields: