Impact of the Lisbon Treaty on the

Common Security and Defence

Policy of the European Union

24 February 2013 Joël Schuyer

EEAS - Crisis Management & Planning Directorate 2

CSDP Crisis Management

Operations & Missions

EEAS - Crisis Management & Planning Directorate

Military and Civilian Missions in CSDP framework

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1. Institutional framework

2. Legal framework

3. Capabilities

4. Partnerships/Relations

5. Financial framework

Impact of Lisbon on CSDP

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1. Institutional framework

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Institutional framework (1)

European Council becomes EU Institution TEU 13 (1)

Presidencies European Council & Foreign Affairs Council become permanent TEU 15 (5) & 27

High Representative (President FAC; Vice President Cion)

Is appointed by European Council; TEU 18

Implements CSDP;

Has right of proposal in CFSP/CSDP;

Represents EU in political dialogue;

Represents EU in CFSP / CSDP matters;

Is assisted by European External Action Service.

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Institutional framework (2)

European External Action Service TEU 27 (3)

Works under direct authority of High Representative;

Closely cooperates with Member States;

Staff from Council GS, Cion and Member States

Contains CSDP structures (CMPD, CPCC, EUMS)

Assists Cion and European Council in area of external relations

Structures agreed by Council upon consultation with European Parliament; TEU 27 (3)

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Institutional framework (3)

Institutional competences (Declaration 14)

NO new powers in CFSP to Cion;

NO increase of role of European Parliament;

Council retains prerogative →

Political & Security Committee continues, under authority of Council AND High Representative (EEAS), to exercise political control & strategic direction of CSDP missions and operations; (TEU 38);

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2. Legal framework

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Legal framework (1)

European Union

Gets legal personality TEU 47

May conclude agreements in CFSP area with States and International Organisations TEU 37

Procedure is outlined in Treaty on FUNCTIONING of EU:

Council authorizes opening of negotiations adopts negotiating directives, authorizes signature of agreements and concludes them. TFEU 218 (2);

High Representative may submit recommendation to Council to open negotiations; TFEU 218 (3)

Council nominates negotiator or head of negotiating team (depending on the subject of the agreement envisaged) TFEU 218 (3)

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Legal framework (2)

Scope of CSDP includes TEU 43 (1)

Joint disarmament operations;

Humanitarian & rescue tasks;

Military advice and assistance tasks;

Conflict-prevention, peace-keeping, peace-making, post-conflict stabilisation;

Contributing to fight against terrorism.

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Legal framework (3)

Council may entrust CSDP task to group of MS “which are willing and have the necessary capability”

These MS act in association with the HR TEU 44 (1)

Council is kept informed and stays in control at all times.

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3. Capabilities

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Capabilities (1)

CSDP is conducted using capabilities provided by the MS TEU 42

MS establishing multinational forces (such as Battlegroups and Integrated Police Units) may make them available to the EU

Role of European Defence Agency defined in detail TEU 42 (3) & 45

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4. Relations &

Partnerships

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Relations & Partnerships

Relations and partnerships are based on shared principles such as: democracy, rule of law, human rights & fundamental freedoms, human dignity, equality, solidarity, respect for UN Charter and international law TEU 21

EU seeks to liaise with TEU 22:

Third (=non-EU) countries

International, regional or global organisations (e.g. UN+agencies, Council of Europe, OSCE, OCDE)

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5. Financial framework

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Financial framework Under CFSP, operating expenditure will

continue to be charged to:

MS for operations having military or defence implications

EU budget for other operations (e.g. civilian CSDP missions)

Except when Council unanimously decides otherwise TEU 41 (2)

MS who have made a formal declaration under art. 31 (1) TEU are not obliged to contribute to the financing of operations having military or defence implications (e.g.

Denmark: see Protocol 22 art. 5 to TEU)

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Questions ?