Permanent representation of France to European Union

BRIEF GUIDE TO THE EUROPEAN SECURITY AND DEFENCE POLICY (ESDP)

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4 Summary

December 2005

Foreword 8

1. HISTORICAL BACKGROUND 10

1.1 CFSP in brief 10

1.2 First stages of the ESDP: 1998-2002 11

1.3 A doctrine for Europe: the European Security Strategy 12

2. ACTION UNDER THE ESDP 14

2.1 Initial activities 14 a) Petersberg tasks 14 b) Civilian aspects of crisis management 14

2.2 An expanding field of action 14 a) Armaments cooperation œ European Defence Agency 14 b) European Union cooperation in the security field 15 c) Counter-terrorism 16 d) Space 16

2.3 Relations with third countries and the other international organizations with a security remit 17 a) Relations with NATO 17 b) Relations with the UN and the regional international organizations 18 c) Relations with third countries 18 d) W EU legacy 19 e) European multinational forces 19

3. POLITICO-MILITARY STRUCTURES AND PROCEDURES 21

3.1 Structures 21 a) Politico-military bodies of the Council 21 b) Integrated structures œ General Secretariat of the Council 23 c) Agencies 26

3.2 Crisis management: ways and means 28 a) Crisis-management procedures 28

5 b) Financing civilian and military operations 29 c) Exercises 30

4. ESDP OPERATIONS 31

4.1 Military operations 31 a) Concordia 31 b) Artemis 32 c) Althea 32

4.2 Civilian operations 33 a) EU Police Mission in Bosnia-Herzegovina 33 b) EU Police Mission in FYROM 34 c) EU Rule of Law Mission in Georgia 35 d) EU Police Mission in DRC 36 e) EU Rule of Law Mission for Iraq 36 f) EU Monitoring Mission in the W estern Balkans 37 g) EU Aceh Monitoring Mission 37 h) European Coordinating Office for Palestinian Police Support and EU Police Mission for the Palestinian Territories 38 i) EU Border Assistance Mission for the Rafah Crossing Point 39

4.3. EU civilian and military supporting action to the African Union in Darfur 40

4.4 Cooperation in the security field 41

5. DEVELOPING EU CAPABILITIES 43

5.1 Military capabilities 43 a) Headline Goal 2010m 43 b) Battlegroups 44 c) Capability Development Mechanism (CDM) 44 d) European Capability Action Plan (ECAP) 45

5.2 European Defence Agency (EDA) 45 a) Agency mission 45 b) Organization of the Agency, decision-making, integration into the EU structures 46

5.3 Civilian capabilities 47 a) Action plan for developing civilian capabilities 48 b) Civilian Headline Goal 2008 49

6 C ONCLUSION/PROSPECTS 50

Notes 51

Appendices 52 1. Chronology of Defence Europe 52 2. Technical glossary 56 3. List of acronyms 60 4. Provisions of the Draft Treaty establishing a Constitution for Europe on the ESDP 62

7 F oreword

The European Security and Defence Policy (ESDP), which constitutes the operational arm of the Common Foreign and Security Policy (CFSP) for both military and civilian purposes, is today one of the most dynamic areas of the European project.

After the adoption of the Maastricht Treaty in 1992, which established the CFSP and looked towards the creation of a —European Defence“ in the long term, the Franco-British Saint-Malo summit in December 1998 initiated the ESDP, whose basic text is the declaration of the Cologne European Council in June 1999.

Progress since then has been extremely rapid, from developing the concepts and setting up the politico-military structures within the European institutions to deploying the first operations in the field. To date, the EU has launched 13 ESDP operations: three military operations (in the Former Yugoslav Republic of Macedonia (FYROM), the Democratic Republic of Congo (DRC) and Bosnia-Herzegovina), eight civilian operations (in the W estern Balkans, Bosnia-Herzegovina, FYROM, Georgia, Aceh/Indonesia, DRC, Iraq, Palestinian Territories), a civilian and military action to support the African Union in Sudan/Darfur, and a cooperation mission in the field of security in the DRC. On 1 January 2006, another police mission will be deployed in the Palestinian Territories.

The European Union is gradually emerging today as a major player on the international scene, with a strategic vision, embodied in the European Security Strategy, and diplomatic, civilian and military crisis- management instruments, which complement the other available tools (economic, commercial, humanitarian and development aid). It is not only present on the European continent œ in the W estern Balkans and southern Caucasus œ but also in Africa, the Middle East and Asia. These recent developments are radically changing the political nature of the EU, which is now capable of carrying its founding values of peace and security beyond its borders.

Still too little is known about the ESDP. This brief guide aims to make it easier to understand, both for research workers and students and for the civilian and military officials, especially those, increasingly numerous, called upon to work in European politico-military institutions

8 o r take part in EU crisis-management operations. This guide complements the CFSP guide published by the French Foreign Ministry.

Sylvie Bermann Ambassador, Representative of France to the European Union Political and Security Committee

The guide was written by the French Delegation to the EU Political and Security Committee (Fabien Penone, Hélène Le Gal, Dana Purcarescu, Jérôme Montant and Xavier Domino), with the assistance of the French military representation to the EU.

9 1 . HISTORICAL BACKGROUND

1.1. CFSP in brief

W ith its far-reaching implications for the sovereignty of States, the idea of a Common Foreign and Security Policy (CFSP) has long been viewed with serious reservations, the most obvious sign of which was the failure of the European Defence Community (EDC) in 1954.

Not addressed in the 1957 Treaty of Rome, the field of foreign policy re-emerged in June 1970, when the foreign ministers of the Six proposed developing —European Political Cooperation“: this was the birth of EPC, whose objectives (harmonization of positions, consultations and, where necessary, joint action) and methods (biannual meetings of foreign ministers and quarterly meetings of political directors in the political committee format) were defined in the Davignon report (published in October 1970).

This intergovernmental process of consultation and decision- making based on consensus was progressively strengthened: more frequent meetings, establishment of a European communication network (COREU œ CORrespondance EUropéenne) following the Copenhagen report in 1973, creation of the Troika following the London report in 1981). This was formalized in Title III of the Single European Act (February 1986), which gave it legal status and created its General Secretariat, placed under the Presidency‘s authority.

The Treaty on European Union (TEU, adopted in Maastricht on 7 February 1992 and entered into force on 11 November 1993) was both the logical culmination of the 20 years of EPC and a resolutely new step: it created the CFSP, which would henceforth constitute the second pillar of the European Union. Compared with EPC, the CFSP represented a significant advance on at least three points: first, it covered all areas of foreign and security policy, including —the eventual framing of a common defence policy“; next, it required Member States to —ensure that their national policies are consistent with the common positions“; finally, it created a new legal instrument, Joint Action, which allowed the EU‘s financial resources to be mobilized. Further innovations were introduced by the Treaty of Amsterdam (signed on 2 October 1997 and entered into force on 1 May 1999), which established a High Representative for the CFSP, a post held

10 s ince 1999 by Javier Solana, and gave the European Council greater competence to establish guidelines notably in the field of security and defence. Finally, the Treaty of Nice (signed on 26 February 2001 and entered into force on 1 February 2003) institutionalized the Political and Security Committee (PSC), responsible for contributing to the definition of EU policies in the field of CFSP, introduced enhanced cooperation in the second pillar (except for defence), and adapted Article 17 of the TEU to developments in the field of defence (humanitarian and peacekeeping operations).

The CFSP is both the institutional framework which gave birth to the ESDP and the political framework which justifies its development.

1.2. First stages of the ESDP: 1998-2002

To be put into effect, the ESDP needed not only the institutional framework provided by the CFSP, but also the common political will of the Member States. This was born of the lessons drawn from the Yugoslav crises and in particular the Bosnian tragedy. Europe‘s inability to resolve a conflict on its borders without American assistance, mobilized through NATO, became glaringly obvious.

The French and the British drew the conclusions from this at the 1998 Saint-Malo bilateral summit, which defined the framework and main objectives of the ESDP. The Cologne European Council in 1999 saw the Fifteen sign up to the objectives set at that summit. From 1998 to 2002, the ESDP advanced at each successive European Council, gradually becoming a reality. At the Feira European Council (1999), the EU decided to launch the ESDP‘s civilian arm. At the Nice European Council (2000), further important steps were taken with the incorporation of the W estern European Union (W EU), creation of permanent structures within the Council to deal with ESDP matters and definition of EU defence relations with third countries and NATO.

One year later, at the Laeken European Council (2001), the ESDP was declared operational. The following year, in 2002, the EU enlarged the ESDP‘s missions to include the fight against terrorism (Seville European Council) and concluded an agreement with NATO (known as —Berlin Plus“) at the Copenhagen European Council, allowing the EU to have recourse to NATO collective assets and capabilities.

11 It was in this institutional and political framework that the EU police mission in Bosnia-Herzegovina (EUPM) was launched on 1 January 2003 œ the first EU crisis-management operation.

It should be noted that Denmark, who has an opt-out from treaty obligations on defence matters, does not take part in military crisis- management operations. She may, however, participate in civilian crisis-management operations.

1.3. A doctrine for Europe: the European Security Strategy

One of the main criticisms levelled at the development of a European defence policy had to do with the fact that, unlike other major international players, the EU did not have a doctrine which could provide a framework or an explanation for its action abroad.

After a difficult year, marked by European divisions over Iraq, the European Council of 12 December 2003 adopted the European Security Strategy prepared by the High Representative for the CFSP, Javier Solana, which gave the EU a genuine identity on the international scene. The European Security Strategy brings together the EU‘s values and objectives in the fields of CFSP and ESDP. Starting from an analysis of the global challenges and main threats to Europe‘s security (terrorism, proliferation of weapons of mass destruction, regional conflicts with an international impact, failing States, organized crime), the Strategy sets the EU three objectives for defending its security and promoting its values:

- to confront threats by conducting a policy of conflict prevention using a combination of civilian and military capabilities;

- to build security in the European neighbourhood by acting in the Middle East, Balkans and Caucasus;

- to promote effective multilateralism by defending and developing international law, in line with the United Nations Charter. To fulfil these objectives, the EU needs to promote a strategic culture of prevention, develop military capacities, and combine the EU‘s various instruments and assets, thereby improving both their effectiveness and coherence.

12 The adoption of the European Security Strategy provides a clear political framework for the ESDP. It also serves as a framework for the development of practical action under the CFSP, such as the EU strategy against the proliferation of weapons of mass destruction.

13 2 . ACTION UNDER THE ESDP

2.1 Initial activities

a) Petersberg tasks

Defined by W EU in June 1992, the Petersberg tasks led to the transformation, from the early 1990s onwards, of the defence structures inherited from the Cold W ar into rapidly deployable forces, available for quite a wide spectrum of operations. These comprise three types of missions: humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking.

These missions, which correspond to the founding values of the European Union, were incorporated into the TEU (Title V, Article 17) by the Treaty of Amsterdam (1997), and thus constituted the first field of action under ESDP. They reflect the EU‘s ambition, through the ESDP, to assert itself as a genuine global player by conducting operations to promote peace, security and human rights.

b) Civilian aspects of crisis management

One specific feature of EU crisis management is that it has both civilian and military dimensions and can therefore tailor its response to each crisis situation in the best possible way. As an organization equipped with operational instruments specific to the civilian dimension, the EU decided at the Santa Maria da Feira European Council in June 2000 to establish four priority fields of civilian action: police, strengthening the rule of law, strengthening civil administration, and civil protection (including disaster and emergency services).

2.2 An expanding field of action

Beyond the Petersberg and Feira tasks, in recent years the ESDP has seen an enlargement of its scope.

a) Armaments cooperation œ European Defence Agency (EDA)

As it has developed, the ESDP has increasingly required the

14 e xistence of a defence tool commensurate with its responsibilities. However, Member States are today investing too little in defence equipment and doing so in a fragmentary and inefficient way.

Europe‘s various cooperation initiatives prior to the EDA (particularly W EAG, LoI and OCCAR) were designed to develop mutual exchanges of information, promote the convergence of needs and establish management tools for the conduct of projects. The results were modest.

Consequently, in July 2004, the Council, with the broad support of the defence industry, created the European Defence Agency (EDA), whose task is to develop a global approach to capacity-building and support rationalization of supply and demand in Member States‘ defence procurement.

The EDA thus provides a long-term framework for a genuine European policy in the field of capacity-building, research and armaments, which should facilitate the convergence of national policies. Its remit is to encourage national and multinational initiatives which can meet the needs of the ESDP. It should help strengthen the European Defence Technological and Industrial Base (DTIB). b) European Union cooperation in the security field

The EU has also started working with Third States on cooperation in the security field. This is a natural extension of the scope of the ESDP, since security sector reform is the key to an exit strategy for international military forces engaged in a given theatre.

The African continent has seen the first practical example of a deployment of this kind. A mission to support reform of the security sector in DRC (EUSEC DR Congo) was launched on 2 May 2005 to help the Congolese authorities set up a national army.

The European Union is also encouraging the development of African peacekeeping capabilities. Strengthening strategic cooperation between the EU and the African Union, and with African sub-regional organizations (particularly ECOW AS), constitutes the main thrust of this new policy, which is complementary to the financial support granted by the EU under the first pillar.

15 This cooperation policy on security sector reform should be broadened to include other geographical areas, particularly the Mediterranean, and become a normal field of action for the ESDP.

c) Counter-terrorism

Recent acts of international terrorism, particularly the attacks of 11 September 2001, 11 March 2004 and 7 July 2005, have led the EU to make counter-terrorism a key policy area. W hile efforts have above all focused on police and judicial cooperation, known as Justice and Home Affairs (JHA) or the third pillar of the EU, there is also a need for action under the ESDP since the European Security Strategy identifies terrorism as a threat. In November 2004, the Council adopted a —conceptual framework on the ESDP dimension of the fight against terrorism“, which sets out the points on which the EU will have to work in the future (interoperability of civil and military capabilities, creation of a European Nuclear, Biological and Chemical centre, etc.).

In June 2004, after the Madrid attacks, the EU invoked in anticipation the solidarity clause on terrorism, provided for by the draft European Constitutional Treaty.

d) Space

The ESDP‘s space dimension, long confined to the capacity groups, was the subject of a first political document at the end of 2004. The aim is inter alia to initiate an effort to define the EU's specific military needs so that these are taken on board at Community level (SPACEC group in particular). Because of the dual nature (civilian and military) of most space technology, civilian programme designers need to Franco-Spanish-Belgian HELIOS Obser- integrate military requirements. vation satellite Similarly, the European Galileo satellite navigation system will have military and security implications, which will have to be taken on board in the ESDP framework.

16 2 .3 Relations with third countries and the other international organizations with a security remit a) Relations with the North Atlantic Treaty Organization (NATO)

The Helsinki, Feira and Nice Councils established the fundamental principles of the relationship between the EU and NATO, based on consultation, cooperation and transparency. This cooperation takes place on matters of common interest in the field of military crisis- management. It allows the choice of the most appropriate military response to a crisis, fully respecting each organization‘s decision- making autonomy. So there is no right of first denial, on either side.

The "strategic partnership in crisis management" uniting the EU and NATO rests on the so-called "Berlin Plus" arrangement adopted in December 2002, under which NATO's collective assets and capabilities are made available to the EU for operations in which the Alliance as such is not involved.

"Berlin Plus" establishes:

- guaranteed access for the EU to NATO planning capabilities for planning its own operations; - presumption of the availability to the EU of NATO‘s collective capabilities and assets. These collective assets, belonging to NATO itself and thus different from the capabilities nations make available to it, mainly include the command and control structures (C2) and an Airborne W arning and Command System (AW ACS) fleet; - identification of European command options which recognize a special role for NATO‘s Deputy Supreme Allied Commander Europe (DSACEUR).

These arrangements were first implemented in March 2003, allowing the launch of Operation Concordia in FYROM. In Bosnia, the EU took over from NATO‘s SFOR in December 2004 also in the —Berlin Plus“ framework. It should be noted that Cyprus and Malta, who do not have security agreements with NATO, do not take part in operations carried out in the —Berlin Plus“ framework or in EU-NATO meetings dealing with classified NATO issues.

17 Generally speaking, the dialogue between the two organizations takes place in regular meetings at various levels (PSC/NAC, EUMC/ NATOMC, PMG/PCG). These information exchanges are completed by contacts between the two secretariats (including the EUMS and IMS).

The EU/NATO relationship also embraces the development of military capabilities. In order to prevent unnecessary duplication, the two organizations have agreed to exchange information on their capability development processes. The terms and conditions for cooperation in this field are defined in part IV of the Capability Development Mechanism (CDM).

b) Relations with the United Nations and the regional international organizations

EU/United Nations relations in crisis management have grown closer particularly since Operation Artemis in DRC, which had shown the need to have an agreed framework for procedures. Following the adoption on 24 September 2003 of the Joint Declaration on UN-EU Cooperation in Crisis Management, arrangements for military and civilian contacts between the two organizations were developed.

In 2005, an EU-UN exercise was held in order to test these arrangements on the ground. There are now twice-yearly meetings of the EU and UN steering committees, organized by the Council‘s General Secretariat and the United Nations Department of Peacekeeping Operations (DPKO). On average the United Nations Deputy Secretary-General addresses the EU‘s Political and Security Committee twice a year. Finally, the EU has a liaison office in New York, which has been strengthened by an EUMS expert.

The EU is also conducting an important dialogue on crisis management with the Organization for Security and Cooperation in Europe (OSCE) and the African Union (AU).

c) Relations with third countries

The EU‘s objective is to develop an effective and balanced partnership with the United States. Several declarations aimed at strengthening this strategic partnership have also been adopted at recent transatlantic summits. There is in fact very close cooperation between the EU and the United States, particularly in counter-terrorism

18 a nd the fight against the proliferation of weapons of mass destruction. On the ground, whether in Bosnia or the Palestinian Territories, EU missions have established productive working relations with the American representatives.

The EU is also developing special relations in the ESDP field with the countries identified as —strategic partners“ (Canada, Russia, Ukraine), likely to take part in ESDP operations. For Russia, this dialogue has led to the development of a road map on security (known as the —common ”space‘ of cooperation in the field of external security“), which now needs to be translated into practical measures, particularly with regard to areas of instability in the common neighbourhood.

Some groups of States (European members of NATO which are not members of the EU, Barcelona Process countries) have their own dialogue with the EU on ESDP matters. d) W estern European Union (W EU) legacy

W EU ceased its operational activities following the Marseille Ministerial Council in November 2000. It continues to exist only through the modified Brussels Treaty (1954), which has been kept in force in order to maintain the clause on mutual assistance in the event of armed aggression (Article V). W EU‘s Parliamentary Assembly is also still functioning under that Treaty (Article IX). e) European multinational forces

For the conduct of the Petersberg tasks, the EU may make use of the European multinational forces. The main ones are the Eurocorps, created in 1992 and involving five nations (France, Germany, Belgium, Spain and Luxembourg), and the Euroforces, created in 1995 by France, Italy, Spain and Portugal. The Euroforces have an army dimension (EUROFOR) and a navy dimension (EUROMARFOR). These operational forces are prestructured and non-permanent. They draw upon a reservoir of forces (55,000 men for the Eurocorps) and permanent multinational HQs. They enjoy political and operational autonomy and may now be used in either the EU or NATO framework. As such, the Eurocorps military HQ was engaged in the Balkans, as reserve HQ for KFOR, and in Afghanistan; the EUROFOR military HQ acted as tactical command for the EU-led Concordia operation in FYROM.

19 In autumn 2004, in order to contribute to the development of the ESDP and creation of an area of freedom, security and justice in Europe, France, Italy, the Netherlands, Portugal and Spain also created a European Gendarmerie Force (EGF). This is a robust operational force with rapid-reaction Inauguration of EFG HQ in Vicenza (Italy) capabilities, equipped to undertake all police tasks, particularly substitution missions. It may be assigned to any crisis-management operation, either alone or at the same time as a military or civilian police component. It may intervene to prevent a crisis, to facilitate the transition during the exit phase of an operation, allowing earlier military disengagement. It will be used in priority by the EU, under PSC strategic direction and political control, but may also be made available to the UN, OSCE, NATO, other international organizations, or an ad hoc coalition.

20 3 . POLITICO-MILITARY STRUCTURES AND PROCEDURES

ESDP structures are part of the European institutions. They are thus under the authority of the European Council and the General Affairs and External Relations Council (GAERC). They differ from those of other European policies because of the requirement for unanimity of decision-making at all levels and because of the role of the PSC, the body which coordinates and develops the ESDP. The Council has no formal —defence“ body as such, but the defence ministers meet twice a year, once informally and once in the GAERC framework.

3.1 Structures a) Politico-military bodies of the Council

- Political and Security Committee (PSC) -

Established by decision of the 22 January 2001 Council as a follow-on to the interim Political and Security Committee, the PSC is the mainspring of the CFSP and ESDP. It comprises representatives of the 25 Member States at ambassadorial level. The PSC may receive delegated authority from the Council to take decisions in the event of operations (Article 25 of TEU).

In close contact with the Secretary-General/High Representative (SG/HR), the PSC is the main player in the decision-making process in CFSP/ESDP areas and helps define the EU‘s policy guidelines which have then to be endorsed by the Council.

In times of crisis, the PSC provides —political control and strategic direction“ of EU operations. It works closely with the Military Committee and the Committee for Civilian Aspects of Crisis Management (CIVCOM), from which it receives advice and recommendations and to which it sends directives. Its sessions are attended by the heads of crisis-management operations, including military commanders, and the EU Special Representatives. The PSC is also responsible for monitoring the international situation in the CFSP field, and conducting political dialogue at its level.

21 The Nicolaidis group has the job of preparing the agendas of PSC meetings.

- Military Committee (EUMC) -

The highest military body within the Council, the Committee is composed of the Chiefs of Defence Staff (CHODS), represented at weekly meetings by their Military Representatives (Milreps). Its chairman, a four-star flag officer elected by the CHODs for a three-year term, currently General Mosca-Moschini, a former Meeting of the EU Military Committee Italian Chief of Defence, takes part in PSC and GAERC meetings. He also acts as military adviser to the SG/HR.

The Military Committee issues advice and recommendations to the PSC on all military aspects of the ESDP. It is supported by the European Union Military Staff (EUMS), which is part of the Council‘s General Secretariat, to which it gives its recommendations.

It monitors the progress of military operations and evaluates the strategic options identified by the EUMS.

Preparations for its work are carried out in the military committee‘s working group (EUMCW G), which is composed of the Military Representatives‘ deputies and assistants.

- Committee responsible for civilian aspects of crisis management (CIVCOM) -

Operating as a Council working group, CIVCOM sends recommendations and advice to the PSC on the various civilian aspects of crisis management: police, rule of law, civil administration and civil protection (including disaster and emergency services). It develops the concepts and instruments, including the capabilities, of civilian crisis management.

It plans, monitors the progress of civilian operations and evaluates

22 t he strategic options identified by the Council‘s General Secretariat (and notably the Police Unit).

- Political-Military Group (PMG) -

As a working group of the Political and Security Committee, the PMG works on horizontal issues pertaining to both civil and military fields before they are referred to the PSC.

- Group of Counsellors for External Relations (RELEX) -

Bringing together the counsellors for external relations of all the permanent representations to the EU, this inter-pillar group deals with all the CFSP/ESDP‘s horizontal aspects, particularly the institutional, legal and budgetary ones. In this capacity it prepares inter alia the Joint Actions launching the EU‘s crisis-management operations. b) Integrated Structures œ General Secretariat of the Council

- Secretary-General/High Representative for the CFSP -

The Treaty of Amsterdam entrusted to the Secretary-General of the Council the function of High Representative for the CFSP. Responsible for assisting the Council, the High Representative takes part in the formulation and Javier Solana, Secretary-General/ implementation of decisions relating to High Representative for the CFSP the CFSP. At the Presidency‘s request, he may conduct a political dialogue with third parties on the Council‘s behalf. Genuinely spearheading the CFSP, he is today the European Union‘s —face and voice“ on the international scene, and helps assure the continuity of EU action beyond the six-monthly rotation of its Presidency.

Mr Javier Solana, former Spanish Foreign Minister and former NATO Secretary-General, was appointed High Representative by the Cologne European Council in June 1999 and had his term of office extended by the Brussels European Council of 29 June 2004 for a period of five years from 18 October 2004.

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ñ CFSP and ESDP services of the Council‘s General Secretariat - ñ The Directorate General for External Relations (DG E) brings together the services of the Council‘s General Secretariat dealing with the EU‘s external relations as well as the CFSP/ESDP.

A Deputy Director-General has particular responsibility for ESDP issues, which are distributed between the Defence Directorate (DG E VIII, notably military crisis-management operations) and the Directorate for civilian crisis-management (DG E IX), which inter alia runs the Police Unit, the body which plans and carries out missions with a police component.

- Policy Planning and Early W arning Unit (or Policy Unit) -

Created by the Amsterdam European Council, in Declaration No. 6 annexed to the Treaty, the Policy Unit, which is under the direct authority of the High Representative for the CFSP, provides the EU with a collective capacity to analyse its strategic priorities and propose actions in the CFSP field. For this purpose, the Policy Unit prepares, at the Member States‘ request or on its own initiative, —policy options papers“, which serve as the basis for decisions by the Political and Security Committee.

Set up in autumn 1999, it today comprises about 40 officials coming mainly from Member States, the Council‘s General Secretariat and the Commission.

- Situation Centre (SITCEN) -

Attached directly to the Secretary-General/High Representative for the CFSP, the European Union‘s Situation Centre, which operates 24 hours a day 7 days a week, provides the European Union with an intelligence, analysis and early-warning capability.

On the basis of open and classified information coming from Member States and the European institutions, the Centre continuously monitors current events and produces medium-term assessments on geographical or thematic issues of interest to the European Union, for the SG/HR and the various Council bodies, notably the Political and Security Committee. Equipped with an intelligence unit, it also provides

24 a nalyses to assist the preparation, launch and running of the European Union‘s crisis-management operations.

The Situation Centre also acts as a communication centre for the SG/HR and the EU Special Representatives.

SITCEN comprises about 30 officials from the Council‘s General Secretariat or seconded by Member States. It is headed by W illiam Shapcott (UK).

- European Union Military Staff (EUMS) -

The European Union Military Staff (EUMS) is comprised of military personnel seconded by Member States to the Council‘s General Secretariat. It is the source of the EU‘s military expertise and works under the direction of the Transfer of EU Military Staff command EUMC, to which it reports.

It has three principal operational functions: early warning, situation assessment, and strategic planning for EU missions.

It is also responsible for carrying out the various policies adopted and decisions taken in accordance with EUMC guidelines. As such, it contributes to the process of formulating, evaluating and reviewing objectives in terms of military capabilities.

The EUMS is headed by a Director General, currently French General Perruche. It has a staff of 200.

- Civil-military cell -

Decided upon in principle at the December 2003 European Council, the establishment within the European Union Military Staff (EUMS) of a cell comprising civil and military components is intended —to enhance the capacity of the EUMS to conduct early warning, situation assessment and strategic planning“1. The essential mission of

25 t his —civil-military cell“ is to liaise between the EU‘s civil and military bodies on issues related to crisis prevention and crisis management. Set up in June 2005, it comprises some 30 military and civilian personnel, under the authority of the EUMS Director General.

The cell is also responsible for setting up an operations centre to plan and conduct an autonomous EU operation (when the Council decides to draw on the collective capacity of the EUMS, especially when a civilian as well as a military response is required and when no national headquarters has been identified).

The operations centre, which should be available by summer 2006, will be activated using reinforcements from the EUMS and Member States.

c) Agencies

ñ 2 - EU Satellite Centre (SATCEN) ñ

Established in 2001, the Satellite Centre, whose headquarters is in Torrejón de Ardoz in Spain, took over from the W EU Satellite Centre, with the aim of —strengthening the early-warning and crisis-monitoring functions“ of the EU to the benefit of the CFSP and ESDP. It supports —the decision-making process of the Union in the context of the CFSP, in particular of the ESDP, by providing material resulting from the analysis of satellite imagery and collateral data [… ]“. In a crisis- management situation, these data are used to assist the EU Situation Centre and EU Military Staff in formulating strategic options.

Political supervision of the Centre‘s activities is the task of the PSC, which provides guidelines for its work priorities. The director is appointed by the Centre‘s Board, chaired by the SG/HR, which reports to the Council on its work.

A Member State, the Commission, an international organization or a Third State may apply to the SG/HR for access to the Centre's products, in accordance with applicable security regulations. For example, images produced by the Centre were supplied to the United Nations Mission in the DRC (MONUC).

26 - EU Institute for Security Studies (ISS)3

The EU Institute for Security Studies, which is located in Paris and headed by Nicole Gnesotto, has since January 2002 been the successor to the W EU Institute for Security Studies. Its mission is to —contribute to the development of the CFSP, including the ESDP, by conducting academic research and analysis in relevant fields“. In particular, it produces research documents, arranges seminars, enriches the transatlantic dialogue, maintains a network of exchanges with other institutes and think-tanks and continues the reference work of the W EU Institute for Security Studies (including publication of the —Chaillot Papers“).

An independent European think-tank, the ISS is also dedicated to producing confidential documents for the Member States, as well as drafting papers accessible to a wide public.

- European Security and Defence College (ESDC) -

Following the decision of the Thessaloníki European Council in June 2003, the Council established a European Security and Defence College (ESDC) in July 2005.

The College, which will be operational in January 2006, will enable the development of a common security and defence culture among the Member States by pooling the capabilities Europeans already have in this area.

The College will be supported by a network of European security and defence training institutions. The EU Institute for Security Studies will have a pivotal role in this networked architecture. A system of Internet distance preparation and monitoring will be developed. Coordination will be provided by a permanent secretariat in Brussels, within the General Secretariat of the Council (inter alia to run an alumni network and provide administrative support). A steering committee, composed of the Member States, General Secretariat of the Council and Commission, and an Executive Academic Board will decide on the college training programmes.

Training will be on the whole of the ESDP, encompassing both the civilian and military dimensions. The programmes will be aimed at senior officials contributing to the development of EU activities.

27

- European Defence Agency (EDA)4 -

The Council established the European Defence Agency in July 2004. Tasked with improving the EU‘s defence capabilities, it is described in greater detail in the section on capabilities (see 5.2 below).

3.2 Crisis management: ways and means

a) Crisis-management procedures

The EU has given itself procedures to facilitate coordination of the various crisis-management players and instruments used.

The crisis-management procedures cover every phase in a crisis. Civilian-military coordination is ensured throughout:

- routine phase: the EU carries out monitoring, advance-planning and early-warning functions;

- build-up of crisis and formulation of a Crisis-Management Concept: when a crisis is detected, the PSC may consider that EU action is appropriate. Under its leadership, a Crisis- Management Concept (CMC) is drawn up, describing the EU‘s political interests, the aims and final objective, together with the major strategic options for responding to that particular crisis, including the possible crisis-exit strategy;

- approval of the concept and development of the strategic options: the CMC is adopted by the Council. On this basis, the PSC tasks the EUMC with drawing up strategic military options. Strategic options may also be required for police and civilian action and DG E IX would be tasked to develop them;

- formal decision to act and drafting of planning documents: the Council takes a decision to act (in most cases in the form of a Joint Action). This decision may give the PSC delegated powers from the Council of Ministers to provide the political command and strategic direction of the operation (article 25 of the TEU). It validates the chosen strategic and military options, and in particular the chain of command. An EU Special Representative

28 may also be appointed at this stage. The Operation Commander/ Head of Mission can then develop the Concept of Operation (CONOPS) and Operational Plan (OPLAN), which will be submitted for approval to the PSC. The Council can then take the decision to launch the operation, necessary for deployment of the force;

- implementation: under the authority of the Council, the PSC exercises political control and strategic direction of the operation. The EU Special Representative and the Operation Commander/ Head of Mission report to him regularly;

- refocusing the EU action and ending the operation: the PSC assesses any adjustments to be made in the course of the operation and the need to bring some or all of its elements to an end. Once the operation has been completed, a process to identify the lessons learned takes place.

These procedures thus guide the EU‘s various responses to a crisis in a coordinated way. They are, however, sufficiently flexible to be tailored to the specific characteristics of each crisis and the lessons learned are also used to refine these procedures. They have been applied in the various operations which the EU has carried out so far: military operations such as Concordia and Artemis, civilian operations such as the EUPM, Proxima and Themis and combined operations such as Althea. b) Financing civilian and military operations

The arrangements for financing civilian and military crisis- management operations are based on Article 28.3 of the Treaty on European Union.

Civilian crisis-management operations are funded from the CFSP budget (allocated ⁄62.6 million in 2005 and ⁄102,6 million in 2006), which is a Community budget line managed by the Commission. However, the use of the funds on this budget line is decided by the Council.

In contrast, operations with military implications or defence operations cannot be financed from Community funds. Some of this expenditure is pooled and shared out between Member States

29 a ccording to the GNP key. An administrative and financial mechanism, called Athena, was instituted in February 20045 to manage these common costs from the preparatory phase to the termination of each operation. All Member States participate except Denmark because she has opted out from military commitments under the EU Treaty. The remainder of the expenditure is financed directly by Member States on the —costs lie where they fall“ principle. In practice, in the case of military crisis-management operations, only a limited part of the expenditure is pooled (less than 10% of an operation‘s total cost), given the restrictive definition of the list of common costs so far adopted by the Council.

c) Exercises

The exercises conducted by the EU, focusing on both military and civilian aspects of the ESDP and civil-military coordination, are designed to test the crisis-management structures, procedures and concepts. They are planned to test both the ability of the EU to adapt to changes in the strategic context and to further refine its needs. Using fictional scenarios, these crisis-management exercises involve all the politico-military structures (PSC, EUMC, CIVCOM, GSC, etc.) as well as the operational military structures (Operation and Force Headquarters and civil-military cell within the EUMS). They also provide an opportunity for testing the arrangements with other organizations and for consultation with Third States.

The EU does not at present conduct field exercises, which remain the responsibility of Member States. The setting-up of battlegroups could, however, lead to reconsideration of this principle.

30 4 . ESDP OPERATIONS

4.1 Military operations a) Operation in the Former Yugoslav Republic of Macedonia (EUFOR Concordia)7

In response to a request from President Trajkovski on 17 January 2003, Operation Concordia in the Former Yugoslav Republic of Macedonia (FYROM) took over from the NATO operation Allied Harmony as of 18 March 2003, with the aim of guaranteeing the security and stability in Intelligence mission during EUFOR Concordia the country in order to facilitate the implementation of the Ohrid Framework Agreement.

Operational planning and command were conducted with the support of NATO collective assets and capabilities, under the Berlin Plus Agreement. 26 countries, 23 of which were EU members, supplied up to 400 lightly-armed men. The operation was commanded by Admiral Feist (Germany) as DSACEUR. First France, until September (General Maral, Force Commander), and then EUROFOR (the Portuguese General Dos Santos), acted as framework nation for the Force Headquarters. The Foot patrol during Operation Artemis in Ituri (Democratic Republic of Congo) mission ended on 15 December 2003. The

31 E U then continued its ESDP action in FYROM with the launch of the EUPOL Proxima police operation (see below).

b) Operation in the Democratic Republic of Congo (EUFOR Artemis)7

In 2003, the unrest in Ituri had caused widespread instability and numerous victims. The town of Bunia was besieged and the whole peace process in the Great Lakes Region was under threat. The United Nations Secretary-General asked the EU to provide a temporary stabilization force to assist the 750 —blue helmets“ in Bunia pending deployment of a larger UN force.

The operation, commanded by the French Major General Neveux, was led autonomously, with France as framework nation, making use of the French CPCO (Centre de planification et de conduite opérationnelles œ operational planning and control centre) as Operation Headquarters. The Force Headquarters was located at Entebbe. 2,000 men took part in the operation, including 1,700 French, with the Swedes supplying the second-largest contingent. The mandate of the force was to secure the town, the refugee centres and the airport, and to ensure the safety of the NGOs and United Nations personnel. The mission fulfilled its mandate in a difficult environment, and withdrew when MONUC arrived.

The lessons learned from this operation led to the launching of some new ESDP concepts: battlegroups, rapid response, EU Operations Centre, etc.

c) Operation in Bosnia- Herzegovina (EUFOR Althea)8

Operation Althea in Bosnia-Herzegovina began on 2 December 2004: EUFOR took over from the NATO force (SFOR) in order to guarantee the implementation of the Dayton/Paris Agreement and General Leakey, Commander of EUFOR Althea establish, for the long term, a operation .

32 s table, peaceful and multiethnic Bosnia-Herzegovina.

So far this has been the largest EU military operation with 7,000 men .It was planned and is commanded with the support of NATO collective assets and capabilities under the Berlin Plus agreement. NATO maintained a headquarters in Sarajevo to carry out some tasks (mainly relating to defence sector reform). Apart from its key military task of bringing security to the territory, EUFOR can also act in support of the European Union Special Representative (inter alia fighting organized crime) and includes Integrated Police Units (IPUs) placed under military command. The operation is commanded by the British General Reith, DSACEUR. The first Force Commander was the British General Leakey, who was replaced at the end of 2005 by the Italian General Chiarini.

4.2 Civilian operations a) EU Police Mission in Bosnia-Herzegovina (EUPM)9

This was the first ESDP operation launched by the EU in 2003.

The European Union Police Mission (EUPM) took over from a United Nations mission, following a decision of the Peace Implementation Council Steering Board and a decision of the Launch of EUPM in Sarajevo Security Council (UNSCR 1396, March 2002). The mission comprises approximately 500 police officers from more than 30 countries, for an annual budget of ⁄38 million.

From 1 January 2003 to 31 December 2005, the EUPM contributed to the implementation of the Dayton/Paris Agreement, notably its policing element. The EUPM was:

- supporting the creation of an independent, depoliticized and transparent Bosnian police force; - strengthening the professional skills of senior police officers; - helping to combat organized crime by training specialists and setting up a specialized government agency;

33 - preparing a stable, viable financial plan for the local and regional police; - participating in the recruitment and training of police officers in order to ensure the multi-ethnic character of the police force; - consolidating the institutional basis and professionalism of the government security agencies: the State Investigation and Protection Agency (SIPA) and State Border Service (SBS).

Starting on 1 January 2006, a new police mission in Bosnia- Herzegovina took over from the EUPM in order to help the local law- enforcement agencies tackle organized crime. EUPM II has a staff of 180 police officers.

EU police activities are being developed within the framework of the comprehensive action led by Paddy Ashdown (United Kingdom), EU Special Representative in Bosnia-Herzegovina.

b) EU Police Mission in FYROM (EUPOL Proxima)11

Launched in December 2003 and renewed until December 2005, the EUPOL Proxima Police Mission has been assisting in the consolidation of the Ohrid Framework Agreement, which underpins the stabilization of the political and security situation in FYROM. It followed on from the military operation Concordia.

Staffed by 200 police officers, from the Member States and some Third States, the police force was working in the regional headquarters of the Macedonian police (Skopje, Tetovo, Kumanovo, Gostivar and Ohrid), with a stronger presence in the regions which were the theatre of ethnic confrontation. Brigadier General Jürgen Paul Scholz has been appointed Head of the Mission.

Proxima has helped to:

- maintain law and order and consolidate the rule of law; - secure the borders using civilian personnel (demilitarization of the border guards) with a view to an integrated border management policy; - strengthen regional cooperation on police and security; - develop the social link between the Macedonian police and the population.

34 Proxima was part of the European Union's overall commitment to assist the efforts of the Government of FYROM to move closer towards the EU. Starting on 1 January 2006, the follow-up to Proxima is ensured through the EU Police Advisory Team (EUPAT), with a view to allowing a smooth transition from ESDP instruments to Community projects conducted by the European Commission.

The EU Special Representative, Mr Fuere (Ireland), who receives his directives from the Political and Security Committee (PSC), is responsible for coordinating all EU policies and action in FYROM. c) EU Rule of Law Mission in Georgia (EUJUST Themis)12

In July 2004, the Council decided to launch a mission to support the rule of law in Georgia for one year. This mission brought together high-level experts, mainly judges with over 20 years‘ professional experience in positions of responsibility in their national judiciaries.

Headed by Sylvie Pantz, a French judge, the mission advised and supported the Georgian judicial institutions in their efforts to transform the structures inherited from the Soviet system into an effective, democratic, criminal justice system serving the citizens.

The mission, primarily on the initiative of Lithuania, benefited from the expertise of the Member States of Central and Eastern Europe, with their experience of successful transitions.

Themis was hailed by the local authorities and international players concerned as a success and as a model for action in the rule of law area, especially in promoting:

- reform of the criminal procedure code; - development of decentralized judicial structures serving and protecting citizens; - adaptation of the host country's judicial system to enable regional and international judicial cooperation.

The mission‘s mandate expired in July 2005. In order to ensure a seamless transition between crisis-management instruments and long term assistance programmes, the staff of the EUSR for Southern Caucasus, E. Talvitie (Finland), was reinforced with rule-of-law experts.

35

d) EU Police Mission in the Democratic Republic of Congo (EUPOL Kinshasa)12

In December 2003, the Council decided to support the United Nations action in the Democratic Republic of Congo, and especially the plan to create an Integrated Police Unit (IPU) bringing together representatives of all Congolese political factions.

The IPU project was implemented in three stages: First mission of the Integrated Police Unit creation of a training centre and provision of basic equipment, training of the future members of the IPU and, finally, their deployment in the field. The Commission was responsible for the first two stages. In order to observe and advise the police officers deployed, the Council decided to launch an ESDP advice and assistance mission in January 2005.

The Mission Head, Adilio Custodio (Portugal), and his team (30 police officers from six Member States and two Third States), all French-speaking, will remain in Kinshasa until the end of the electoral period. The mission budget is about ⁄4.3 million.

The deployment of the IPU in the capital means that the police component of the United Nations mission can be redeployed to other areas of tension where its presence is necessary. As such, EUPOL Kinshasa illustrates the constructive linkage between the ESDP and UN action in crisis management in Africa.

e) EU Rule of Law Mission for Iraq (EUJUST Lex)13

On 21 February 2005, the Council decided to launch a mission to support the strengthening of the rule of law in Iraq to develop the ability of the Iraqi police forces, judges and prison officers to work together. The Council has agreed that the training activities will, at this stage, take place in the EU or in the region. The mission has a coordinating office in Brussels and a liaison office in Baghdad. The arrangements

36 f or the mission, which is complementary to the current international efforts, have been defined in consultation with the Iraqi authorities.

Since July 2005, around 700 senior officials of the Iraqi judicial system (police, Ministry of the Interior, Ministry of Justice) have been undergoing training in EU Member States. The EU is ensuring the ethnic and religious diversity of the trainees and raising their awareness of the place of women in a democratic judicial system.

France has been very active in this mission, offering training on behalf of the EU for 200 senior Iraqi officials in two police training colleges (The Saint-Cyr Ecole Nationale Supérieure de Police at Mont d'Or and the Ecole Nationale Supérieure des Officiers de Police at Cannes-Ecluse) and the Legal Service Training College (Ecole Nationale de la Magistrature). f) EU Monitoring Mission in the W estern Balkans (EUMM)

In December 2000, the Council decided to deploy an EU monitoring mission (EUMM) in the W estern Balkans in order to monitor the political and security developments in the region, with particular attention to borders, the return of refugees and interethnic issues. The mission, consisting of 120 international monitors (unarmed military) and 75 local personnel, is headquartered in Sarajevo and covers Bosnia- Herzegovina, Croatia, FYROM, Albania and Serbia-Montenegro. As an early-warning mechanism and means of mediation for confidence- building among the communities, it is one of the key provisions in the EU‘s stabilization policy in the region.

The success of the mission led the Council to develop a new crisis- management dimension œ monitoring œ with a European mission in Indonesia (Aceh). g) EU Aceh Monitoring Mission (AMM)

At the time the Helsinki agreements were signed between the Indonesian government and the rebel GAM group, third-party monitoring seemed essential for the success of the process. The two parties to the conflict requested the assistance of the EU which quickly decided to become involved in the settlement of this 30-year-old conflict in a region still further destabilized by the consequences of the tsunami.

37 As soon as the Helsinki agreement was signed on 15 August 2005, EU Member States provided an Initial Monitoring Presence (IMP), organized by the General Secretariat of the Council, with the assistance of EU embassies on the spot. At the same time, the launch of the Aceh Monitoring Mission was under preparation in Brussels. The AMM is being conducted in cooperation with five ASEAN countries which the EU wanted closely involved in order to ensure regional ownership of crisis management and thus promote the strategic partnership between the EU and South East Asian countries. The mission has Beginning of disarmament process in Aceh, Indonesia 250 monitors, of whom about 100 are from five ASEAN countries.

Deployed as of 15 September 2005 under the leadership of Dutchman Pieter Feith, the mission‘s mandate is to assist in the disarmament, demobilization and reintegration process and also evaluate the assistance needed for the structural reforms which should eventually embed stability in the region. Aid programmes for institutional reform, human rights and economic aid are also being prepared.

h) European Coordinating Office for Palestinian Police Support (EU COPPS) and European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

Under the Action Plan for the Middle East Peace Process decided on by the Council, a European Coordinating Office for Palestinian Police Support (EU COPPS) was established in January 2005 and placed under the authority of the EU Special Representative for the Peace Process, Marc Otte. The office is preparing and supporting the Palestinian Authority‘s efforts to draw up its plan to reform its security services.

To respond more effectively to the Palestinians‘ request for assistance, especially since the Israeli disengagement, the EU has

38 d ecided to deploy an ESDP police mission on the ground from January 2006. Code-named EUPOL COPPS, this mission will support the Palestinian Authority in establishing sustainable and effective policing arrangements.

More specifically the tasks of the new mission are as follows:

- assist the Palestinian Civil Police in implementation of the Police Development Programme by advising and closely mentoring the Palestinian Civil Police, and specifically senior officials at district, headquarters and ministerial level; - coordinate and facilitate EU Member State assistance, and œ where requested œ international assistance to the Palestinian Civil Police; - advise on police-related Criminal Justice elements.

EUPOL COPPS will be set in the wider context of the international community‘s effort to support the Palestinian Authority in taking responsibility for law and order, and in particular, in improving its civil police and law enforcement capacity. Close coordination between the mission and other international actors involved in security assistance, including the US Security Coordinator, as well as those providing support to the Ministry of Interior, will be ensured. The mission will in particular be working in close coordination with the United States and Egypt.

EUPO L CO PPS will include approximately 33 unarmed personnel mainly seconded from EU Member States.

i) European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

European and palestinian border monitors at Rafah crossing point On 21 November 2005, the Council decided to establish an EU Border Assistance Mission at the Rafah Crossing Point (Gaza-Egypt border), in the framework of the ESDP.

Code-named EU BAM Rafah, the mission has been established on the basis of the —Agreement on Movement and Access“ reached

39 b etween Israel and the Palestinian Authority (PA) on 15 November, and following an invitation by the PA and Government of Israel. It took less than two weeks to set up the mission : only 10 days after the request for EU action, the mission was deployed at the crossing point.

The aim of EU BAM Rafah is to provide a Third Party presence in the Rafah Crossing Point in order to contribute, in cooperation with the European Community‘s institution-building efforts, to the opening of the Rafah Crossing Point and to build up confidence between the Government of Israel and the PA. To this end, EU BAM Rafah will:

- actively monitor, verify and evaluate PA performance with regard to the implementation of the APRC (Agreed Principles for Rafah Crossing) and will act with authority to ensure that the PA complies with all applicable rules and regulations concerning the Rafah crossing point and the terms of the APRC; - contribute to Palestinian capacity-building in all aspects of border control and customs operation; - contribute to the liaison between the Palestinian, Israeli and Egyptian authorities in all aspects regarding the management of the Rafah Crossing Point.

EU BAM Rafah will include approximately 70 personnel mainly seconded from EU Member States.

Major General Pietro Pistolese (Italy) has been appointed Head of Mission of EU BAM Rafah.

4.3 EU civilian and military supporting action to the African Union (AU) in Darfur

Since August 2004, the EU and its Member States have been providing significant support for African Union (AU) efforts to stabilize the region of Darfur. In addition to political support (Abuja negotiations and Ceasefire Commission), the assistance has taken the form of substantial financial aid to the budgets of the African Union AMIS I and II missions (⁄92 million from the Africa Peace Facility, an instrument available to the Commission financed out of the European Development Fund œ EDF œ and ⁄30 million from Member States) and personnel support (provision of the Vice-Chairman of the Ceasefire Commission, monitors and planners). A total of ⁄445 million in food and humanitarian

40 a id has also been mobilized.

Following the AU decision to increase AMIS mission personnel from 3,000 to 7,000 and the AU request for additional EU support, the Council decided in June 2005 to undertake civilian and military supporting action. This action should ensure coherent and effective assistance by Member States. It is a mission in support of the AU, which retains direction of the operation.

At the donors‘ conference in Addis Ababa on 26 May 2005, the SG/ HR presented an EU package; these additional measures include a civilian component (support for the police chain of command, support for establishing a police unit within the AU, training, exercises) and a military component (provision of equipment, technical and planning assistance to the chain of command, training of African troops, strategic transport, dispatch of military observers). Member States also agreed to send an EU special representative to Sudan for on-the-ground coordination.

At the same time, following a request from the AU, NATO has also become involved and, inter alia, has offered the AU strategic transport. The EU and NATO have agreed on the practical arrangements for the strategic transport provided by the two organizations.

4.4 Cooperation in the security field

The Council decided on 2 May 2005 to launch a mission in the Democratic Republic of Congo (EUSEC RD Congo) to provide advice and assistance to the Congolese authorities for security sector reform. At this stage it is a small mission (eight experts from six Member States œ France, Belgium, Portugal, UK, Netherlands and Hungary) led by French General Joana and financed from the CFSP budget (⁄1.6 million).

Armed forces reform is a key factor in the stabilization of countries which have gone through civil war. In the case of the DRC, the goal is to demobilize and —intermix“ 350,000 combatants from both the regular army and former rebel groups and get them to work together. The international community and donors had previously invested more in demobilization and disarmament programmes. The failure of the policies in this sector, which had attracted significant W orld Bank

41 f unding, has led the EU to enhance its economic and development action by providing support for institutional reform in the defence sector.

The second phase of EUSEC RD Congo will comprise two parts: reform of the chain of payment of the Congolese Defence Ministry (which will necessitate sending additional experts to Kinshasa) and EU supervision of one or more intermixing centres.

42 5 . DEVELOPING EU CAPABILITIES

5.1 Military capabilities

Following the initiative launched in 1999 in Helsinki, the EU now has:

- a strategic vision with the European Security Strategy; - its translation into concrete military objectives, the Headline Goal 2010, which supplements the initial Helsinki commitments (60,000 troops within 60 days and sustainable for at least one year) achieved in 2003; - an agreed process, the Capability Development Mechanism; Land forces deployed in FYROM - a major implementing tool, the European Defence Agency.

Under the Council‘s aegis, the PSC provides the political leadership for military capabilities development, taking into consideration the nature of the crises to which the EU aspires to provide a response. The Military Committee is tasked with defining in detail the military needs to meet the capability objectives. To this end it relies on its working group, the Headline Goal Task Force (HTF).

a) Headline Goal 2010

In May 2004, Member States set a new headline goal which reflects the objectives of the European Security Strategy and emphasizes qualitative aspects in capabilities development.

Firstly, at the centre of the project is the desire to improve forces‘ interoperability and deployability and support capacity for them.

Secondly, the spectrum of missions the EU aspires to meet has been expanded beyond the Petersberg Tasks to cover missions envisaged in the European Security Strategy: disarmament operations, support for third countries in fighting terrorism, and security sector

43 r eform missions.

Emphasis is also placed on rapid-response capacity: the EU must be capable of deploying units with a high degree of readiness. On decision-making, the ambition is to be able to take the decision to launch an operation within five days of the approval of the Crisis- Management Concept by the Council. On deployment, the ambition is for the forces to begin implementing the mission on the ground no later than ten days after the decision to launch the operation.

b) Battlegroups

After the success of Operation Artemis, France, the United Kingdom and Germany made a joint proposal to establish battlegroups, each about 1,500-strong, backed by rapidly deployable tactical support and logistical support elements.

These battlegroups are designed to improve the EU‘s rapid response capability and are able to carry out autonomous operations or contribute to the initial phase of a large-scale operation. They are capable of conducting operations for an initial period of 30 days, extendable to 120 days. Interoperability and military effectiveness are key criteria for such forces.

To date, the EU has a capacity of 18 battlegroups provided by 21 Member States, plus niche capabilities which provide them with specific elements for added value.

As of 2007, the EU will have to be capable of undertaking two single battlegroup-size operations and be able to launch these two operations near-simultaneously.

c) Capability Development Mechanism (CDM)

This mechanism, adopted by the EU in 2003 under Berlin Plus, is designed to help the EU provide follow-on and facilitate progress towards achieving the Member States‘ capability commitments. It may also help evaluate and if necessary revise the EU‘s capability objectives.

The Capability Development Mechanism operates in four areas:

44 - definition of military needs and Member States‘ contributions to meet these needs; - follow-on and evaluation of military capabilities and necessary progress; - remedying shortfalls, currently the responsibility of Member States, but which the European Defence Agency should facilitate in future; - the nature and operational framework of EU-NATO relations with regard to capabilities.

The mechanism is based on two core principles: the autonomy of EU decision-making and voluntary nature of Member States‘ contributions. It does not take into account the European Defence Agency whose creation postdates that of the mechanism. d) European Capability Action Plan (ECAP)

Defence ministers agreed on an action plan in Brussels in November 2001 to meet the identified capability gaps.

The European Capability Action Plan (ECAP) is designed to make the efforts more effective by increasing cooperation among Member States while retaining their voluntary nature and respecting national decisions. Each of the shortfalls in capability was addressed by a project group.

Responsibility for implementing the plan is gradually being transferred from the EU ASTER missile : example of Military Committee to the European Defence an air defence capability Agency. By autumn 2005 the Agency had taken over the work of the air-to-air refuelling capability group.

5.2 European Defence Agency (EDA) a) Agency mission

The Agency‘s main task is to coordinate, optimize and harmonize as far ahead of time as possible the different facets (operational,

45 t echnological, industrial and budgetary) of national policies for preparing future defence systems so that they more closely match the needs of the ESDP.

The Agency has an operational budget, an embryonic joint defence research and technology budget, which allows it to acquire the necessary technical expertise and make proposals. Its work programme for 2006 includes —strategic lift“, —space“ and —21st century warrior“. Last year‘s flagship projects (Unmanned Air Vehicles, Armoured Fighting Vehicles and C3 œ control, command and communication) remain high on the agenda. The Agency may also host national and multinational ad hoc projects at the initiative of one or more Member States or proposed by the Agency and financed by Member States.

b) Organization of the Agency, decision-making, integration into the EU structures

The Agency has a central administration and a steering board.

The central administration consists of four operational directorates working together :

- Capability Directorate, tasked with the identification of European capability needs, liaising with the other existing structures (EUMC, EUMS, HTF), and their integration into a long-term plan, taking into account industrial strategies and technological forecasting; - Research and Technology Directorate, tasked with defining and implementing a European defence research and technology strategy, in conjunction with civilian efforts under the European Security Research Programme, and serving also as a catalyst to enhance efficiency in European defence research and technology; - Armaments Directorate, whose remit is to improve the cooperative procurement of defence equipment, relying as much as possible on OCCAR for the development of these programmes; - Industry and Market Directorate, responsible for promoting the establishment of a competitive European defence equipment industry and implementing policies to strengthen the European Defence Technological and Industrial Base (DTIB).

46 The Agency‘s central administration has a staff of about 90.

In order to maintain the EU‘s ability to conduct a coherent external and security policy, the Agency is placed within the EU‘s unique institutional framework. It comes under the authority of the Council. Accordingly, its head is the SG/HR.

Defence ministers make up the Agency‘s Steering Board which is chaired by the SG/HR. The Steering Board takes most of the important decisions for the Agency according to the guidelines of, and in the triennial financial framework set by, the Council. Various non-ministerial formats of the Steering Board (national armaments directors, defence research directors, national capability planners and policy directors) also meet.

The Steering Board takes decisions by qualified majority (i.e. two thirds of the vote under the weighting system agreed in the Nice Treaty), an important innovation in the defence sector which should contribute to the Agency‘s efficiency. The Steering Board meets in one or other format about eight times a year, i.e. frequently in a sector where the timeframes are much longer, especially in defence procurement.

5.3 Civilian capabilities

W ith regard to the civilian aspects of crisis-management, the Feira European Council in June 2000 set out four priorities:

- the police, to enable the EU to carry out a full spectrum of missions, including substitution for failing government authorities; 5,000 police officers, 1,000 of whom can be deployed within 30 days, were considered necessary; - the rule of law, in order to strengthen the judicial systems; the estimated need was for 300 experts; - civilian administration, in order to have a rapidly-deployable pool of experts to act wherever government authorities were unable to do so during a crisis; - civil protection, with the identification of three emergency evaluation teams for crisis situations, and up to 2,000 experts in various fields who could be deployed rapidly with their equipment.

47 At the Civilian Capabilities Commitment Conference in November 2002, voluntary contributions exceeded needs, although most national governments consider it hard to predict the availability of their experts.

Another Capabilities Commitment Conference was held in November 2004, which saw confirmation of voluntary commitments of 5,761 police officers, 631 experts in the rule of law, 562 experts in civilian administration, and 5,000 for civil protection. In addition, there are also monitors as the EU aspires to develop in other theatres missions similar to the European Union Monitoring Mission in the W estern Balkans (EUMM). In November 2005, another Capabity Improvement Conference further enhanced the qualitative aspects of the expertise made avalaible to the EU and approved a concept for —Civilian Response Team“, the rapid reaction tool for the civilian aspects of crisis management.

a) Action plan for developing civilian capabilities

The June 2004 European Council adopted an action plan for civilian aspects of crisis management which defines the priorities and timelines for strengthening civilian capabilities and stepping up their integration.

Starting with the idea that the main added value of the EU in crisis- management is its capacity to mobilize various instruments and ensure continuity of European action in a crisis-exit and stabilization strategy, the action plan aims to prepare the EU to provide a coherent, coordinated response to crises.

The main elements in the action plan are:

- the establishment of rapidly deployable multifunctional teams for crisis-management missions, which can include experts in human rights, mediation, border control, disarmament and institutional reform;

- improved interoperability, i.e. the ability to act together, of personnel deployed in the field by harmonizing recruitment procedures and the professional training of people taking part in crisis-management missions;

- improved technical support procedures for operations, in

48 particular financial aspects and procurement in order to reduce the constraints on rapid deployment due to Community procedures; - development of a new civilian headline goal. b) Civilian Headline Goal 2008

To take on board the changing strategic environment, latest institutional developments and enlargement, a new civilian headline goal has been developed, drawing on the European Security Strategy and the experience acquired in the course of past crisis-management operations.

To this end, illustrative scenarios and planning assumptions have been prepared, a Civilian Capabilities Requirements List has been finalized and shortfalls are being identified.

49 C ONCLUSIONS/PROSPECTS

W ithin a few years, the ESDP, an integral part of the CFSP, has made decisive progress which makes it one of the most promising fields for European Union action. It enables the EU to assert itself as a major player in international relations and promote its own values beyond its borders.

New geographic and thematic fields of action are now open to the ESDP. The EU acted at the request of the parties in Aceh, Indonesia, and in the Palestinian Territories. W hen discussions on Kosovo‘s final status start, the EU plans to strengthen its presence on the ground using ESDP instruments. The UN and other regional international organizations wish to enhance their relations with the EU in crisis- management in order to benefit from its operational expertise. The ESDP could in the future also be broadened to include space activities.

Now up and running, the ESDP can draw on an array of solid achievements. Certain provisions of the draft European Constitutional Treaty such as the post of Foreign Minister (also responsible for defence issues), the common —external action service“ and the solidarity clause, prefigure the aims and new dimensions of the ESDP.

50 Notes

1. December 2003 European Council œ Italian Presidency document entitled: —European defence: NATO/EU consultation, planning and operations“.

2. Council Joint Action No. 555/01 of 20 July 2001.

3. Council Joint Action No. 554/01 of 20 July 2001.

4. Council Joint Action No. 10556/04 of 12 July 2004.

5. Council decision 2004/197/CFSP of 23 February 2004, amended by decisions 2004/925/CFSP of 22 December 2004 and 2005/68/CFSP of 24 January 2005.

6. Council Joint Action No. 92/03 of 27 January 2003 and UNSCR 1371.

7. Council Joint Action No. 423/03 of 5 June 2003 and UNSCR 1484.

8. Council Joint Action No. 570/04 of 12 July 2004 and UNSCRs 1551 (2004) of 9 July 2004 and 1575 (2005) of 22 November 2004.

9. Council Joint Action No. 210/02 of 11 March 2002.

10. Council Joint Action Nos. 681/03 of 29 September 2003 and 789/04 of 22 November 2004.

11. Council Joint Action No. 523/04 of 28 June 2004.

12. Council Joint Action No. 847/04 of 9 December 2004.

13. Council Joint Action No. 190/05 of 7 March 2005.

51 Appendix 1 : Chronology of European Defence

9-10 December 1991: Treaty of Maastricht, which defined the CFSP and referred to a common defence policy.

19 June 1992: W EU (W estern European Union) Petersberg Declaration, specifying the military operations which the organization wanted to be able to undertake.

16-17 June 1997: Amsterdam Treaty incorporating the Petersberg Tasks into the CFSP and creating the position of SG/HR.

6 July 1998: LoI (letter of intent) between six countries on Measures to facilitate the Restructuring of the European Defence Industry.

9 September 1998: OCCAR (Joint Body on Arms Cooperation) Convention.

3-4 November 1998: in Vienna, first informal meeting of EU Defence Ministers.

4 December 1998: real starting point of Defence Europe at the Franco- British Summit in Saint-Malo. The European Union was henceforth to equip itself with the —capacity for autonomous action, backed up by credible military force… in order to respond to international crises".

29 May 1999: Franco-German Summit in Toulouse where the two countries agreed to make the Eurocorps available to the EU.

3-4 June 1999: at the Cologne European Council, launch of project to develop a common European Security and Defence Policy (ESDP) and transfer of W EU functions to the European Union. Appointment of Javier Solana to the post of Secretary General/High Representative for the CFSP.

10-11 December 1999: at the Helsinki European Council, decision to develop an autonomous defence capability by 2003, with the aim of deploying, within 60 days, up to 60,000 men on missions of at least one year, in order to implement the full range of Petersberg tasks. These forces were to be "militarily self-sustaining with the necessary command, control and intelligence capabilities, and logistics". An

52 i mportant step towards the institutionalization of the ESDP was also taken with the creation of permanent political and military bodies in Brussels: the European Union Political and Security Committee (PSC), Military Committee and Military Staff.

19-20 June 2000: at the Feira European Council, decision to organize a Capabilities Commitment Conference in November 2000 with a view to meeting the Helsinki Headline Goal targets for capabilities. Agreement to establish a committee for the civilian aspects of crisis management and to undertake to provide, by 2003, up to 5,000 police officers for international missions.

20 November 2000: first Capabilities Commitment Conference.

7-9 December 2000: at the Nice European Council, adoption of the texts defining the EU political and military bodies, and also of the capability catalogue identifying the capabilities needed to carry out the EU tasks. Transfer of W EU‘s operational role to the EU.

15-16 June 2001: at the Göteborg European Council, agreement on the EU‘s civilian objectives.

15 December 2001: at the Laeken European Council, declaration on the operational capability of the ESDP.

1 January 2002: W EU subsidiary bodies (Satellite Centre and Institute for Security Studies) transferred to the EU.

15-16 March 2002: at the Barcelona European Council, proposal by the European Union to take over from NATO‘s Operation Allied Harmony in FYROM.

21-22 June 2002: at the European Council in Seville, adoption of a declaration on the contribution of ESDP to the fight against terrorism.

12-13 December 2002: at the Copenhagen European Council, EU proposal to take over the NATO SFOR operation in Bosnia. Agreement between the EU and Turkey on EU access to NATO assets and capabilities.

16 December 2002: strategic partnership agreement between the EU and NATO ensuring EU access to NATO assets and structures as well

53 a s the use of its operational military planning capabilities and command structures.

1 January 2003: start of the first EU civilian crisis-management operation, the EU Police Mission in Bosnia-Herzegovina (EUPM).

31 March 2003: start of the first EU military operation in FYROM (EUFOR Concordia), where the EU took over from the NATO mission (Allied Harmony).

12 June 2003: launch of the EU military operation in the Democratic Republic of Congo (EUFOR Artemis), in the Ituri region; first military operation outside Europe undertaken without recourse to NATO collective assets and capabilities.

19-20 June 2003: at the Thessaloníki European Council, presentation by Javier Solana of a first version of the European Security Strategy. The Council entrusted the task of defining the European Defence Agency to the forthcoming Italian Presidency.

24 September 2003: Joint Declaration on UN-EU Cooperation in Crisis Management.

12-13 December 2003: at the European Council, adoption of the European Security Strategy and agreement to establish an EU cell with civil/military components and an operations centre.

15 December 2003: start of the Police Mission in FYROM (EUPOL Proxima), taking over from the military operation (EUFOR Concordia).

18 February 2004: Franco-German-British proposal to set up battlegroups.

17 May 2004: approval by the GAERC of the 2010 Headline Goal.

17 June 2004: adoption by the Brussels European Council of the draft Treaty establishing a Constitution for Europe.

12 July 2004: creation of the European Defence Agency.

17 July 2004: launch of the first Rule of Law Mission in Georgia (EUJUST Themis).

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22 November 2004: Military Capability Commitment Conference (Creation of EU Battlegroups).

2 December 2004: start of the EU military operation in Bosnia- Herzegovina (EUFOR Althea), following on from SFOR.

21 February 2005: launch of the Integrated Rule-of-Law Mission for Iraq (EUJUST Lex).

2 May 2005: launch of the mission to provide advice and assistance for security sector reform in the Democratic Republic of Congo (EUSEC DR Congo).

27 June 2005: Council agreement to the Joint Action establishing the European Security and Defence College.

18 July 2005: launch of the civilian-military supporting action to AMIS II in Sudan.

15 August 2005: deployment of the EU Initial Monitoring Presence (IMP) in Aceh.

15 September 2005: launch of the EU Monitoring Mission in Aceh (AMM).

21 November 2005: launch of the EU Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah)

January 2006: launch of the EU Police Mission for the Palestinian Territories (EUPOL COPPS).

55 Appendix 2 : technical glossary

Joint Action: a legal instrument under Title V of the Treaty on European Union setting out the Council‘s policy objectives for a coordinated action by Member States and identifying the resources (particularly financial) to be used to achieve them.

Article 5: according to Article 5 of the North Atlantic Treaty, —the Parties agree that an armed attack against one or more of them in Europe or North America shall be considered an attack against them all and consequently (… ) each of them (… ) will assist the Party or Parties so attacked by taking forthwith, individually and in concert with the other Parties, such action as it deems necessary, including the use of armed force (… )“.

Article V: according to Article V of the 1948 Brussels Treaty, amended by the Paris agreements of 22 October 1954, which instituted the W estern European Union (W EU), —if any of the High Contracting Parties should be the object of an armed attack in Europe, the other High Contracting Parties will, in accordance with the provisions of Article 51 of the Charter of the United Nations, afford the Party so attacked all the military and other aid and assistance in their power.“

AW ACS (Airborne W arning and Command System): aircraft equipped with long-range radar and provided with an operational command and control centre.

Capacity: generic term for forces and capabilities designed for operational use.

Command levels: operational levels at which the different command responsibilities are exercised in the management of a crisis: strategic level (national or multinational operation HQ), operative level (force HQ which may be deployed in the theatre of operation) and tactical level (direct command of the combat units on the ground).

a) Strategic level: the level of war at which a nation, often as a member of a group of nations, determines national or multinational security objectives and guidance, and develops and uses national resources (notably military) to accomplish these objectives.

56 b) Operative level: the level of war at which campaigns and major operations are planned, conducted, and sustained to accomplish strategic objectives within theatres or other operational areas.

c) Tactical level: the level of war at which battles and engagements are planned and executed to accomplish military objectives assigned to tactical units or task forces.

Concept of Operation (CONOPS): planning document setting out the way the operation commander intends carrying out the mission he has received. Covering the whole mission, the CONOPS states the goal the operation commander has set himself and specifies, in general terms, how the action is to proceed and the different tasks of the subordinate units.

Council of the European Union (Council of Ministers or Council): the European Union's main decision-making body is composed of the ministers of the Member States. Each EU country holds the Presidency, in turn, for a six-month period. Its decisions are prepared by the Committee of Permanent Representatives of the Member States (COREPER), assisted by working parties. The Council can meet in different configurations. The CFSP comes under the remit of the General Affairs External Relations Council (GAERC), composed of foreign ministers. Defence ministers now also meet in the GAERC framework.

CPCO (Centre de planification et de conduite des opérations œ operational planning and control centre): multinationalized strategic level HQ, which is located in the French Defence Ministry in Paris and can be made available to the EU.

Crisis management concept (CMC): document setting out the political interests, objectives and major strategic options involved in responding to a given crisis, including a possible crisis-exit strategy.

Deputy-SACEUR: Deputy to the Supreme Allied Commander Europe (SACEUR). DSACEUR is the NATO military No. 2. Under the terms of the Berlin Plus agreement, DSACEUR is in principle the officer chosen to command an EU operation having recourse to NATO collective assets and capabilities. DSACEUR is not the EU‘s strategic coordinator.

57 D octrine: fundamental principles on the basis of which operations are conducted: it is a set of directions for using the resources, making for unity of thinking and conception and ensuring unified action during an operation.

ESDI (European Security and Defence Identity): concept initiated by W estern European Union and subsequently built up within NATO, to establish a European caucus within NATO. Not to be confused with the ESDP.

European Council: The European Council brings together Member States‘ heads of State or government, the President of the Commission and the High Representative for the CFSP. It defines inter alia the principles of and general guidelines for the CFSP.

Force projection: transport and deployment of capabilities outside a country‘s home territory. There is also —power projection“ when weapons systems are projected and used without deployment of troops on the ground.

Framework nation: nation, or even group of nations which, after volunteering to do so, receive the political mandate to assume general high-level responsibilities in the framework of an operation. In the case of a European Union autonomous operation, the framework nation provides inter alia the command and control capabilities for its planning, launch and management.

Interoperability: designates the ability of national units to operate together in a multinational framework, it presupposes standardization of equipment, harmonization of procedures and doctrines and compatibility of strategic visions.

North Atlantic Treaty Organization (NATO): founded in 1949, NATO has 26 members (Belgium, Bulgaria, Canada, Czech Republic, Denmark, Estonia, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, United Kingdom and United States).

Operational plan (OPLAN): plan of execution established for an operation or a series of linked operations, to be carried out simultaneously or successively. It is generally based on previously

58 a pproved planning documents (CMC and CONOPS).

Opt-out: exemption granted to a country not wishing to join the other Member States in a particular area of European cooperation.

Petersberg tasks: these cover humanitarian and rescue tasks, peacekeeping tasks and crisis-management combat missions, including peace-restoration operations. These tasks were incorporated into the Treaty on European Union (Article 17) and are an integral part of the ESDP.

Reserves: pre-identified forces not on active duty which can be called on to reinforce an ongoing operation in the event of the situation worsening. There are strategic, operative and tactical reserves, depending on the urgency and the volume of reinforcements required.

SACEUR: Supreme Allied Commander Europe.

Soft power: in contrast to hard power, which is based on the capacities for coercion (diplomatic pressure, sanctions, recourse to military force), soft power is the ability to win over and convince through the promotion of ideological and cultural values and to act through diplomatic, trade, humanitarian and development channels.

Strategic transport: rapid efficient transport of forces and their associated logistical support capabilities over long distances. This transport is usually by air or by sea.

Troika: method of EU representation in its external relations in the CFSP/ESDP field. Since the Treaty of Amsterdam, the Troika is made up of the Presidency, the Secretary-General/High Representative for the CFSP and the Commission.

UAV: Unmanned Aerial Vehicle/Uninhabited Aerial Vehicle.

59 Appendix 3 : list of acronyms

ASEAN Association of South East Asian Nations CFSP Common Foreign and Security Policy CHODS Chief of Defence Staff CIVCOM Committee for Civilian Aspects of Crisis Management CMC Crisis-Management Concept CONOPS Concept of Operation CPCO Centre de planification et de conduite opérationnelles [Operational Planning and Control Centre] DTIB European Defence Technological and Industrial Base EDA European Defence Agency EGF European Gendarmerie Force ESDP European Security and Defence Policy EUFOR European Union Force (military operation) EUMC EU Military Committee EUMCW G EU Military Committee W orking Group EUMS European Union Military Staff EUPOL European Union Police EUSEC EU Advisory and assistance mission for security reform EUSR European Union Special Representative GSC General Secretariat of the Council HoM Head of Mission HTF Headline Goal Task Force IMS International Military Staff (NATO) IPU Integrated Police Unit ISS EU Institute for Security Studies LoI Letter of Intent MILREP Military Representative to the Military Committee NAC North Atlantic Council NATO North Atlantic Treaty Organization OCCAR Organisme conjoint de coopération en matière d‘ar mement (organization for joint cooperation in arma ments) OHQ Operation Headquarters OPLAN Operational Plan PMG Political-Military Group PSC Political and Security Committee RELEX French acronym for Relations extérieures (External Relations)

60 R oE Rules of Engagement SATCEN European Union Satellite Centre SG/HR Secretary-General/High Representative for the CFSP SHAPE Supreme Headquarters Allied Powers Europe SITCEN Situation Centre UN United Nations W EAG W estern European Armaments Group W EU W estern European Union

61 Appendix 4 : provisions of the Draft Treaty establishing a Constitution for Europe on the ESDP

The Draft Constitutional Treaty, adopted by the European Council on 18 June 2004 and submitted to Member States for ratification, includes some important provisions relating to the ESDP.

- the EU Minister for Foreign Affairs, in order to strengthen the EU's coherence and ability to act, has the role, responsibilities and resources of the High Representative and the Commissioner for External Relations. A European External Action Service is to be established; the work on its creation began following the June 2004 European Council.

- mutual defence clause: the incorporation into the Treaty of a clause like that of Article V of the W EU Treaty was adopted by the Convention, but rewritten during the Intergovernmental Conference (IGC). The mutual defence clause is binding on everyone without prejudice to commitments made by NATO members and neutral countries. It no longer figures in Part III of the Treaty which sets out the policies.

- solidarity clause on terrorism: the EU and its Member States must act jointly "if a Member State is the victim of a terrorist attack or natural or man-made disaster". Implementation of this clause is entrusted to the Council of Ministers and PSC. After the Madrid terrorist attacks of March 2004, the European Council referred to this clause in anticipation of the Treaty.

- enhanced and structured cooperation: the draft Treaty does not include the restrictions on enhanced cooperation which figure in the Nice Treaty: so this possibility applies to the ESDP. There are, however, specific terms and conditions: an enhanced cooperation project has to be consensual and must be implemented as the last resort, when the objectives sought by the EU as a whole cannot be achieved in a reasonable time and a third of the Member States must participate in it. Furthermore, the draft Treaty creates "permanent structured cooperation" in defence, enabling the establishment of multilateral projects and programmes. The decision to create this structured cooperation is taken by qualified majority, as is that to admit or suspend members. Decisions on the project by those participating in it have to be taken unanimously.

62 Some provisions of the Draft Constitutional Treaty, such as the European Defence Agency and the broadening of the Petersberg tasks (to include counter-terrorism, conflict prevention and cooperation on security) have been implemented in anticipation of the Treaty.

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Photos : ECPAD France, General Secretariat of the Council Translation proposed by the translation service of the French embassy in London Cover & lay-out : A. Painchaud

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Permanent representation of France to European Union

Permanent representation of France to the European Union Political and Security Committee

The Brief Guide to ESDP is frequently updated and available on the website of the Permanent re- presentation of France to European Union (www.rpfrance-ue.org).

14, place de Louvain 1000 Brussels tel.: + 32 (0) 2 229 82 91 fax: + 32 (0) 2 229 82 80 www.rpfrance-ue.org

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