Seville, 21/06/2002 (Agence Europe) - The first results of a Summit that got off to a late start on 21 June, followed the traditional meeting between Heads of State and Government, including the President of the European Parliament (see below) and include the adoption of two declarations, one by Ireland and the other by the European Council, which calls on the Union treaty to impose no mutually binding defence obligation on Member States and which therefore make a "Yes vote" in the Irish referendum on the Treaty of Nice look more hopeful, after it was rejected last time. The new referendum will take place on the second Thursday of October.
National Declaration by Ireland
1) Ireland reaffirms its attachment to the aims and principles of the Charter of the United Nations, which confers primary responsibility for the maintenance of international peace and security upon the United Nations Security Council.
2) Ireland recalls its commitment to the common foreign and security policy of the EU as set out in the Treaty on European Union, adopted at Maastricht, amended at Amsterdam, and approved on each occasion by the Irish people through referendum.
3) Ireland confirms that its participation in the EU common foreign and security policy does not prejudice its traditional policy of military neutrality. The Treaty on the European Union makes clear that the Union's security and defence policy shall not prejudice the specific character of the security and defence policy of certain Member States.
4) In line with its traditional policy of military neutrality, Ireland is not bound by any mutual defence commitment. Nor is Ireland party to any plans to develop a European Army. Indeed, the Nice European Council recognised that the development of the Union's capacity to conduct humanitarian and crisis management tasks does not involve the establishment of a European army.
5. The Treaty on European Union specifies that any decision by the Union to move to a common defence would have to be taken by unanimous decision of the Member States and adopted in accordance with their respective constitutional requirements. The Government of Ireland have made a firm commitment to the people of Ireland, solemnized in this Declaration, that a referendum will be held in Ireland on the adoption of any such decision and on any future Treaty which would involve Ireland departing from its traditional policy of military neutrality.
6. Ireland reiterates that the participation of contingents of the Irish Defence Forces in overseas operations, including those carried out under the European Security and Defence Policy, requires (a) the authorisation of the operation by the Security Council or the General Assembly of the United Nations, (b) the agreement of the Irish Government and (c) the approval of the Dail Eireann, in accordance with Irish law.
7. The situation set out in this Declaration would be unaffected by the entry into force of the Treaty of Nice. In the event of Ireland's ratification of the Treaty of Nice, this Declaration will be associated with Ireland's instrument of ratification.
Declaration of the European Council:
"1. The European Council takes cognizance of the national Declaration of Ireland presented at its meeting in Seville on 21-22 June 2002. It notes that Ireland intends to associate its national declaration with its act of ratification of the Treaty of Nice, should the people of Ireland in a referendum decide to accept the Treaty of Nice.
2. The European Council notes that the Treaty on European Union provides that any decision to move to a common defence shall be adopted in accordance with the respective constitutional requirements of the Member States.
3. The European Council recalls that under the terms of the Treaty on European Union the policy of the Union shall not prejudice the specific character of the security and defence policy of certain Member States. Ireland has drawn attention in this regard to its traditional policy of military neutrality.
4. The European Council acknowledges that the Treaty on European Union does not impose any binding mutual defence commitment. Nor does the development of the Union's capacity to conduct humanitarian and crisis management tasks involve the establishment of the European Army.
5. The European Council confirms that the situation referred to in paragraphs 2 3 and 4 above would be unchanged by the entry into force of the Treaty of Nice.
6. The European Council recognises that, like all Member States of the Union, Ireland would retain the right, following the entry into force of the Treaty of Nice, to take its own sovereign decision, in accordance with its constitutions and its laws, on whether to commit military personnel to participate in any operations carried out under the European Security and Defence Policy. Ireland, in its national statement, has clearly set out its position in this regard".
6. The European Council recognises that, like all Member States of the Union, Ireland would retain the right, following the entry into force of the Treaty of Nice, to take its own sovereign decision, in accordance with its constitutions and its laws, on whether to commit military personnel to participate in any operations carried out under the European Security and Defence Policy. Ireland, in its national statement, has clearly set out its position in this regard".
Speaking to the press, late Friday afternoon, Irish Prime Minister Bertie Ahern welcomed the two declarations (one Irish, the other by the EU Heads of State and Government) on the Nice Treaty and Ireland's neutrality. These are two "politically significant" declarations that clarify the political and especially legal "non-impact" of the ratification of the Nice Treaty on Ireland's neutrality and which, anyhow, should "create a positive context" for the unfolding of the second referendum that should be held "late October, beginning of November". Mr. Ahern said he was optimistic that the referendum would provide the outcome expected. "We shall work very hard in the months to come to ensure that there is a positive outcome", as it is "essential to ensure that the enlargement process progresses according to the agreed timetable", said the Prime Minister. And Ahern sent a "message" to the Irish people. "It is not in our interest to block enlargement. It is not in the interest of the European Union and it is not in the interest of candidate countries" which have undertaken enormous reforms to prepare for membership. Ireland cannot block enlargement and thereby refuse the candidate countries the benefits of EU accession which it itself has benefited from, for 30 years now, said Mr. Ahern. Asked about the consequences of a possible failure in autumn, the Prime Minister insisted: "There is no plan B, there is no 'exit strategy'". A further rejection by Ireland of the Nice Treaty would create "enormous, difficult and complex problems, for which there is no identifiable solution".