CHAPTER II
SPECIFIC PROVISIONS
ARTICLE I-40
Specific provisions relating to the common foreign and security policy
1. The European Union shall conduct a common foreign and security policy, based
on the development of mutual political solidarity among Member States, the identification
of questions of general interest and the achievement of an ever-increasing degree
of convergence of Member States' actions.
2. The European Council shall identify the Union's strategic interests and determine
the objectives of its common foreign and security policy. The Council shall
frame this policy within the framework of the strategic guidelines established
by the European Council and in accordance with Part III.
3. The European Council and the Council shall adopt the necessary European decisions.
4. The common foreign and security policy shall be put into effect by the Union Minister for Foreign Affairs and by the Member States, using national and Union resources.
5. Member States shall consult one another within the European Council and the
Council on any foreign and security policy issue which is of general interest
in order to determine a common approach. Before undertaking any action on the
international scene or any commitment which could affect the Union's interests,
each Member State shall consult the others within the European Council or the
Council. Member States shall ensure, through the convergence of their actions,
that the Union is able to assert its interests and values on the international
scene. Member States shall show mutual solidarity.
6. European decisions relating to the common foreign and security policy shall
be adopted by the European Council and the Council unanimously, except in the
cases referred to in Part III. The European Council and the Council shall act
on an initiative from a Member State, on a proposal from the Union Minister
for Foreign Affairs or on a proposal from that Minister with the Commission's
support. European laws and framework laws shall be excluded.
7. The European Council may, unanimously, adopt a European decision authorising
the Council to act by a qualified majority in cases other than those referred
to in Part III.
8. The European Parliament shall be regularly consulted on the main aspects
and basic choices of the common foreign and security policy. It shall be kept
informed of how it evolves.
ARTICLE I-41
Specific provisions relating to the common security and defence policy
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 civil and military assets. The Union 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 performance of these tasks shall be undertaken using capabilities provided by the Member States.
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.
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, it shall respect the obligations of certain Member States, which see
their common defence realised in the North Atlantic Treaty Organisation, under
the North Atlantic Treaty, and be compatible with the common security and defence
policy established within that framework.
3. Member States shall make civilian and military capabilities available to
the Union for the implementation of the common security and defence policy,
to contribute to the objectives defined by the Council. Those Member States
which together establish multinational forces may also make them available to
the common security and defence policy.
Member States shall undertake progressively to improve their military capabilities. An Agency in the field of defence capabilities development, research, acquisition and armaments (European Defence Agency) shall be established to identify operational requirements, to promote measures to satisfy those requirements, to contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, to participate in defining a European capabilities and armaments policy, and to assist the Council in evaluating the improvement of military capabilities.
4. European decisions relating to the common security and defence policy, including
those initiating a mission as referred to in this Article, shall be adopted
by the Council acting unanimously on a proposal from the Union Minister for
Foreign Affairs or an initiative from a Member State. The Union Minister for
Foreign Affairs may propose the use of both national resources and Union instruments,
together 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 III-310.
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. Such cooperation shall be governed by Article III-312.
It shall not affect the provisions of Article III-309.
7. If a Member State is the victim of armed aggression on its territory, the
other 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.
8. The European Parliament shall be regularly consulted on the main aspects
and basic choices of the common security and defence policy. It shall be kept
informed of how it evolves.
ARTICLE I-42
Specific provisions relating to the area of freedom, security and justice
1. The Union shall constitute an area of freedom, security and justice:
(a) by adopting European laws and framework laws intended, where necessary,
to approximate laws and regulations of the Member States in the areas referred
to in Part III;
(b) by promoting mutual confidence between the competent authorities of the
Member States, in particular on the basis of mutual recognition of judicial
and extrajudicial decisions;
(c) by operational cooperation between the competent authorities of the Member
States, including the police, customs and other services specialising in the
prevention and detection of criminal offences.
2. National Parliaments may, within the framework of the area of freedom, security and justice, participate in the evaluation mechanisms provided for in Article III-260. They shall be involved in the political monitoring of Europol and the evaluation of Eurojust's activities in accordance with Articles III-276 and III-273.
3. Member States shall have a right of initiative in the field of police and judicial cooperation in criminal matters, in accordance with Article III-264.
ARTICLE I-43
Solidarity clause
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) – prevent the terrorist threat in the territory of the Member States;
– protect democratic institutions and the civilian population from any
terrorist attack;
– assist a Member State in its territory, at the request of its political
authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. The detailed arrangements for implementing this Article are set out in Article
III-329.