1. The tasks referred to in Article I-41(1), in the course of which the Union
may use civilian and military means, shall include joint disarmament operations,
humanitarian and rescue tasks, military advice and assistance tasks, conflict
prevention and peace-keeping tasks, tasks of combat forces in crisis management,
including peace-making and post-conflict stabilisation. All these tasks may
contribute to the fight against terrorism, including by supporting third countries
in combating terrorism in their territories.
2. The Council shall adopt European decisions relating to the tasks referred
to in paragraph 1, defining their objectives and scope and the general conditions
for their implementation. The Union Minister for Foreign Affairs, acting under
the authority of the Council and in close and constant contact with the Political
and Security Committee, shall ensure coordination of the civilian and military
aspects of such tasks.
1. Within the framework of the European decisions adopted in accordance with Article III-309, the Council may entrust the implementation of a task to a group of Member States which are willing and have the necessary capability for such a task. Those Member States, in association with the Union Minister for Foreign Affairs, shall agree among themselves on the management of the task.
2. Member States participating in the task shall keep the Council regularly
informed of its progress on their own initiative or at the request of another
Member State. Those States shall inform the Council immediately should the completion
of the task entail major consequences or require amendment of the objective,
scope and conditions determined for the task in the European decisions referred
to in paragraph 1. In such cases, the Council shall adopt the necessary European
decisions.
1. The Agency in the field of defence capabilities development, research, acquisition
and armaments (European Defence Agency), established by Article I-41(3) and
subject to the authority of the Council, shall have as its task to:
(a) contribute to identifying the Member States' military capability objectives and evaluating observance of the capability commitments given by the Member States;
(b) promote harmonisation of operational needs and adoption of effective, compatible procurement methods;
(c) propose multilateral projects to fulfil the objectives in terms of military capabilities, ensure coordination of the programmes implemented by the Member States and management of specific cooperation programmes;
(d) support defence technology research, and coordinate and plan joint research activities and the study of technical solutions meeting future operational needs;
(e) contribute to identifying and, if necessary, implementing any useful measure for strengthening the industrial and technological base of the defence sector and for improving the effectiveness of military expenditure.
2. The European Defence Agency shall be open to all Member States wishing to be part of it.
The Council, acting by a qualified majority, shall adopt a European decision
defining the Agency's statute, seat and operational rules. That decision should
take account of the level of effective participation in the Agency's activities.
Specific groups shall be set up within the Agency bringing together Member States
engaged in joint projects. The Agency shall carry out its tasks in liaison with
the Commission where necessary.
1. Those Member States which wish to participate in the permanent structured
cooperation referred to in Article I-41(6), which fulfil the criteria and have
made the commitments on military capabilities set out in the Protocol on permanent
structured cooperation shall notify their intention to the Council and to the
Union Minister for Foreign Affairs.
2. Within three months following the notification referred to in paragraph
1 the Council shall adopt a European decision establishing permanent structured
cooperation and determining the list of participating Member States. The Council
shall act by a qualified majority after consulting the Union Minister for Foreign
Affairs.
3. Any Member State which, at a later stage, wishes to participate in the permanent structured cooperation shall notify its intention to the Council and to the Union Minister for Foreign Affairs.
The Council shall adopt a European decision confirming the participation of
the Member State concerned which fulfils the criteria and makes the commitments
referred to in Articles 1 and 2 of the Protocol on permanent structured cooperation.
The Council shall act by a qualified majority after consulting the Union Minister
for Foreign Affairs. Only members of the Council representing the participating
Member States shall take part in the vote.
A qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
A blocking minority must include at least the minimum number of Council members
representing more than 35% of the population of the participating Member States,
plus one member, failing which the qualified majority shall be deemed attained.
4. If a participating Member State no longer fulfils the criteria or is no
longer able to meet the commitments referred to in Articles 1 and 2 of the Protocol
on permanent structured cooperation, the Council may adopt a European decision
suspending the participation of the Member State concerned.
The Council shall act by a qualified majority. Only members of the Council
representing the participating Member States, with the exception of the Member
State in question, shall take part in the vote.
A qualified majority shall be defined as at least 55% of the members of the Council representing the participating Member States, comprising at least 65% of the population of these States.
A blocking minority must include at least the minimum number of Council members representing more than 35% of the population of the participating Member States, plus one member, failing which the qualified majority shall be deemed attained.
5. Any participating Member State which wishes to withdraw from permanent structured
cooperation shall notify its intention to the Council, which shall take note
that the Member State in question has ceased to participate.
6. The European decisions and recommendations of the Council within the framework of permanent structured cooperation, other than those provided for in paragraphs 2 to 5, shall be adopted by unanimity. For the purposes of this paragraph, unanimity shall be constituted by the votes of the representatives of the participating Member States only.
(Treaty establishing a Constitution for Europe. Council of Ministers document CIG 87/1/04 REV 1 of 13 October 2004)