Following the ministerial conclave in Naples, the Italian Presidency published new texts on 1 December, on defence (also on economic, social and territorial cohesion and tourism). Here is the entire text (in French and English) of the new draft articles and protocols.
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COMMON SECURITY AND DEFENCE POLICY
Permanent structured co-operation
Article III-213
Member States wishing to take part in permanent structured co-operation as defined under article I-40, paragraph 6, which fulfil the criteria and meet the commitments of military capability included in the Protocol annexed to the present Treaty [title] notify their intention to the Council and to the Union Foreign Minister.
The decision establishing permanent structured co-operation, including the list of participants, is taken within three months following notification by the Council deciding by qualified majority following the opinion of the Union Foreign Minister.
If, at any time, a Member State seeks to take part in this structured co-operation, the Council of Ministers will consider the request of this Member State, and confirm the admission of any State respecting the criteria and commitments under article 2 and 3 of the present protocol. Members of the Council of Ministers representing Member States taking part in the structured co-operation will decide by qualified majority following consultation of the Union Foreign Minister.
If a Member State can no longer assume the commitments it has taken in this framework, the Council may decide, under the same conditions, to suspend this State.
All other decisions of the Council on issues relating to structured co-operation will be taken by consensus by the States taking part in the structured co-operation.
If a Member State wishes to leave the structured co-operation, it can do so after having informed the Council.
Closer co-operation in terms of mutual defence
Article I-40, paragraph 7
In the event that a Member State is subject to armed aggression on its territory, the other Member States must provide it with aid and assistance, employing all means in their power, in compliance with the provisions of article 51 of the United Nations Charter.
Commitments and co-operation in this field remain in compliance with commitments made within NATO, which remains, for the States which are members of it, the foundation or their collective defence and the instance of its implementation.
Article III-214
(deleted)
Protocol on structured co-operation and implementing articles I-40 and III-213
of the Constitution
THE HIGH CONTRACTING PARTIES,
HAVING REGARD TO articles I-40, paragraph 6, and III-213, paragraph 6, of the Constitution,
WHEREAS the Union conducts a common foreign and security policy based on the accomplishment of a growing degree of convergence in the actions of Member States;
WHEREAS the common security and defence policy is an integral part of the common foreign and security policy; it provides the Union with operational capabilites supported by civil and military means; the Union may always have recourse for the missions mentioned in article III-210 outside of the Union in order to ensure peace-keeping, conflict prevention and the reinforcement of international security in conformity with the principles of the Charter of the United Nations; the execution of these tasks rests on the military capabilities supplied by the Member States, in line with the principle of the "single set of forces";
WHEREAS the common security and defence policy of the Union does not affect the specific nature of the security and defence policy of certain Member States;
WHEREAS the common security and defence policy of the Union respects the obligations under the North Atlantic Treaty for certain Member States which consider that their common defence is carried out in the framework of the North Atlantic Treaty Organisation, which remains the foundation of the collective defence of its members, and is compatible with the common security and defence policy decided on within this framework;
CONVINCED that a more affirmative role for the Union in terms of security and defence will contribute to the vitality of a renewed Atlantic Alliance, in line with the so-called "Berlin plus" arrangements;
DETERMINED that the Union will be capable of fully assuming the responsibilities incumbent upon it within the international community;
ACKNOWLEDGING that the United Nations may call upon the assistance of the Union to implement emergency mission under chapter 6 or 7;
ACKNOWLEDGING that the reinforcement of the security and defence policy will call for efforts in the field of capabilities by the Member States;
AWARE that the attainment of a new stage in the development of the European security and defence policy presupposes resolute efforts by the Member States disposed to it;
RECALLING the importance that the Union Foreign Minister is fully involved in the work within the structured co-operation;
AGREEING the provisions hereafter which are annexed to the Constitution;
Article 1
Member States which declare themselves prepared to go faster and further to develop the Union's capabilities to conduct crisis management actions and operations, even the most demanding ones, establish between themselves a structured co-operation in the send of article I-40 paragraph 6 of the Constitution, in order to reinforce the capacity of the Union to play its role on the international scene.
Article 2
Participating in the structured co-operation are the Member States which undertake, on the date of the entry into force of the Treaty establishing a Constitution for Europe;
undertake to be more intensely involved in the development of defence capabilities, including through the development of their national contributions and, where necessary, participation in multinational forces, in the main European equipment programmes and in the activity of the European defence capabilities agency;
have the capacity to provide, by 2007 at the very latest, either as a national contributor or as an essential part of multinational force packages, targeted combat units for the missions envisaged in the tactical configuration of combat formation with support elements including transport and logistics, able to undertake missions defined under Article III-210 within 5 to 30 days, mainly to meet the requests of the United Nations. Such forces must be sustainable for an initial 30-day period renewable up to at least 120 days.
1. ARTICLE 3
In order to meet the objectives set out under Articles 1 and 2, Member States taking part in structured cooperation to:
cooperate, after the Treaty establishing a Constitution for Europe enters into force, on objectives concerning the level of investment spending on defence equipment, and to regularly review these objectives in the light of the security environment and the Union's international responsibilities;
harmonise their defence tools, as far as possible, mainly by harmonising the expression of military needs, by pooling resources and, where necessary, by specialising their defence means and capabilities, and encouraging cooperation in the areas of training and logistics;
take concrete measures to strengthen the availability, interoperability, flexibility and deployability of their forces, mainly by identifying common aims in force projection. This may include review of national decision-making procedures;
cooperate to ensure that the measures needed are taken by the participant Member States to fill any gaps noted in the context of the Capabilities Development Mechanism including by multinational approaches, without prejudice for commitments taken by within NATO;
take part, where appropriate, in the development of major joint or European equipment programmes in the context of the European Defence Capabilities Agency.
2. ARTICLE 4
The European Defence Capabilities Agency contributes to the regular assessment of capabilities contributions from Member States, mainly contributions provided according to criteria to be established on the basis of Article 2. It will report on this via the appropriate bodies at least once a year. The assessment may serve as a basis for the definition of recommendations, in accordance with Article III-213 of the Constitution.
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ECONOMIC, SOCIAL AND TERRITORIAL COHESION
Article III-116
In order to promote harmonious development of the Union as a whole, the Union develops and pursues its action toward strengthening its economic, social and territorial cohesion. In particular, the Union aims to reduce the gap between the development levels in the various regions and the delay of the regions that are the most disadvantaged. In pursuing this aim, special attention is paid to rural areas and to regions that suffer from severe and permanent natural or demographic disadvantages such as the most northern regions with very low population density, as well as certain insular regions, crossborder regions and mountainous regions.
Article III-56
1 . (unchanged)
2. (unchanged)
3. May be considered as compatible with the Internal Market:
(unchanged)
(unchanged)
aid intended to facilitate the development of certain activities or certain economic regions, mainly those which suffer from severe or permanent natural or demographic disadvantages, when they do not distort the conditions of trade to a degree that is counter to the common interest;
(unchanged)
(unchanged)
TOURISM
Article I-16: Areas for support, coordination or complementary action
1. The Union may carry out support, coordination or complementary action.
2. The areas for support, coordination or complementary action are, with the European aim in view:
industry,
the protection and improvement of human health,
education, vocational training, youth and sport,
culture,
tourism,
civil protection.
3. (unchanged)
Article III-181a
(new)
1. The Union completes (…) the action of Member States with a view to promoting the competitiveness of Union companies in the tourism sector.
2. To this end, the Union's action aims to:
encourage the creation of an environment that is favourable to business development in this sector;
promote cooperation between Member States, mainly through the exchange of good practice;
(…)
3. The European law or framework law establishes specific measures intended to complete action carried out in the Member States in order to achieve the goals set under the present article, excluding all harmonisation of legislative and regulatory provisions of Member States.
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