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1786 Blockmans CML Rev 2018,1 In search of strategic autonomy. Lack of political will and mutual trust among EU Member States has long. been an obstacle to cooperation in security and defence In the years of. austerity that followed the financial crisis defence budgets all over Europe. were slashed in an uncoordinated manner hollowing out most Member States. armies 2 Facing a fraught security climate in the Middle East and North Africa. the heads of State or government meeting at the December 2013 European. Council decided to buck the trend For the first time since the entry into force. of the Lisbon Treaty they held a thematic debate on defence in which they. declared that defence matters, Today the European Council is making a strong commitment to the. further development of a credible and effective CSDP in accordance with. the Lisbon Treaty and the opportunities it offers The European Council. calls on the Member States to deepen defence cooperation by improving. the capacity to conduct missions and operations and by making full use of. synergies in order to improve the development and availability of the. required civilian and military capabilities supported by a more integrated. sustainable innovative and competitive European Defence Technological. and Industrial Base EDTIB This will also bring benefits in terms of. growth jobs and innovation to the broader European industrial sector 3. Committed to assessing concrete progress on all issues in the years ahead the. European Council invited the Commission the High Representative HR the. European Defence Agency EDA and the Member States in the Council each. within their respective spheres of competence to take determined and. verifiable steps to implement the orientations set out above 4. Tapping into the political momentum generated by Russia s assault on. Ukraine the rise of hybrid warfare and cyber attacks a spate of terrorist. attacks on European soil 5 citizens concerns over the refugee and migrant. 2 According to figures drawn from SIPRI Military Expenditure Database 2014 Military. Balance 2015 and IISS Military Balance 2015 the change in military spending by the EU28. between 2005 and 2014 represented a drop of 9 to EUR 210 billion See Bockel General. report The state of Europe s defence industrial base NATO Parliamentary Assembly. Economics and Security Committee Doc 166 ESC 17 E bis 7 Oct 2017 2. 3 European Council Conclusions EUCO 217 13 20 Dec 2013 para 1. 4 Ibid para 22, 5 One of which led France to invoke the mutual defence clause of Art 42 7 TEU for the. first time albeit in a manner bypassing the support that the EU institutional framework could. have provided See Hillion and Blockmans Europe s self defence Tous pour un et un pour. tous CEPS Commentary 20 Nov 2015,PESCO 1787, crisis the prospect of Brexit 6 and the unpredictability injected into US. foreign policy by Donald Trump the EU has made greater strides in. strengthening defence integration in the last five years than in the 50 years. before that 7 A permanent EU headquarters for non executive i e. non combat military operations has been created and located within the. European External Action Service EEAS in Brussels 8 The 22 Member. States that are also NATO allies pledged to increase defence spending to 2. percent of their GDP and to earmark 20 percent of that sum for investment in. defence capabilities 9 A Coordinated Annual Review on Defence CARD. mechanism will monitor the implementation of commitments on defence. spending and capability development of all EU Member States The European. Council has formally launched Permanent Structured Cooperation PESCO. for the development and deployment of defence capabilities A European. Defence Fund EDF has been proposed to stimulate the development of. military capabilities And the defence ministers of nine Member States signed. a letter of intent to establish a European Intervention Initiative so called. This article tries to make soup of the EU s new alphabet in defence. cooperation and structures the rapid developments along three strands of. implementation EU NATO cooperation the EU Global Strategy and the. Commission s European Defence Action Plan section 2 In deconstructing. the new elements of defence cooperation in Europe PESCO will appear as the. central cog in the EU s new defence machinery This unique form of enhanced. cooperation between 25 Member States has been triggered by invoking. Article 46 TEU section 3 1 Yet the political rhetoric surrounding its launch. has raised expectations that the EU may not be able to meet This article argues. that for PESCO to succeed it will need to overcome at least three key. challenges raising the level of ambition while ensuring inclusivity section. 6 See the monograph by the late Simon Duke Will Brexit Damage our Security and. Defence The Impact on the UK and EU Palgrave Macmillan forthcoming. 7 60 years since the demise of the European Defence Community Treaty in a French. parliament reluctant to pool and share the execution of hard core sovereign powers with. post war Germany 15 years since the operationalization of the CSDP. 8 Council EU defence cooperation Council establishes a Military Planning and Conduct. Capability MPCC Press Release 338 17 8 June 2017 See also Council Decision EU. 2017 971 of 8 June 2017 determining the planning and conduct arrangements for EU. non executive military CSDP missions and amending Decisions 2010 96 CFSP on a European. Union military mission to contribute to the training of Somali security forces 2013 34 CFSP on. a European Union military mission to contribute to the training of the Malian armed forces. EUTM Mali and CFSP 2016 610 on a European Union CSDP military training mission in. the Central African Republic EUTM RCA O J 2017 L 146 133. 9 Wales Summit Declaration issued by the Heads of State and Government participating in. the meeting of the North Atlantic Council in Wales NATO Press release 2014 120 5 Sept. 2014 para 14,1788 Blockmans CML Rev 2018, 3 2 maintaining credibility in case participating States do not comply with.
their commitments section 3 3 and ensuring coherence with the many other. building blocks in Europe s defence architecture section 3 4 It is the area of. industrial integration where legal commitments are the hardest With moves to. incentivize capability development and create a single market for defence the. Community method will be applied to a field hitherto jealously shielded off by. the Member States It is this dimension of the incipient European Defence. Union which represents a game changer in the European integration process. 2 Winter package, Since the operationalization of the CSDP with the deployment of the first. peace support missions in 2003 the CSDP had grown predominantly as a. security rather than a defence policy 10 In defence proper differentiated. integration outside the EU treaty framework has been a fact of life for. decades 11 Both in the realm of capabilities generation and in the planning and. conduct of operations all kinds of minilateral silos of cooperation exist across. loosely connected regional or geopolitical clusters With a view to improving. joint capability development and supporting the European industrial base. Member States created the European Defence Agency in 2004 and adopted. two procurement directives in 2009 But they never delegated real. responsibility or funds to the EDA and continued to procure domestically by. 10 See Tardy Does European defence really matter Fortunes and misfortunes of the. Common Security and Defence Policy 27 European Security 2018 119 137 available at. www doi org 10 1080 09662839 2018 1454434 all websites last visited 21 Oct 2018 On. the semantic differences between security and defence see Duke Capabilities and CSDP. Resourcing political will or paper armies in Blockmans and Koutrakos Eds Research. Handbook on the EU s Common Foreign and Security Policy Edward Elgar 2018 The. difference between security and defence could be dismissed as semantic quibbling but in. capability terms the importance is crucial Currently the types of capabilities required for. missions outside the EU will tend to emphasize expeditionary force military structures for. low intensity operations in other words forces that put more emphasis on the ability to move. forces and their associated hardware from A to B that are sustainable networked and nimble. Those tasks however that are more associated with defence are likely to emphasize less. mobility more emphasis on air land and sea where applicable interdiction static defence. installations as well as quite different implications for logistics and intelligence support As. Sim n has observed if the EU and its members are to rely less upon NATO or the U S. specifically it will imply serious thought and investment into anti access and area denial. A2 AD capabilities including precision guided munitions short range guided rockets. guided artillery and mortars direct energy or rail guns stealth aircraft and greater numbers of. submarines See Sim n The third offset strategy and Europe s anti access challenge 39. Journal of Strategic Studies 2016 417 445, 11 See Biscop Differentiated integration in defence A plea for PESCO in IAI EU60. Re founding Europe The Responsibility to Propose IAI 2017. PESCO 1789, using all the loopholes the legislative package provides The recent. developments which include the creation of an EU military headquarters. the launching of PESCO and the new role for the European Commission in. defence funding attest to an evolution towards a more inclusive defence. policy within the EU framework a European Defence Union 12 like the. currency and energy unions that have gone before rather than an EU army 13. that supersedes let alone replaces the national ones This is remarkable if one. considers that the natural locus for Member States defence cooperation. remains within NATO,2 1 Deepening EU NATO cooperation. Due to long standing political blockages EU NATO relations have. traditionally been described in terms of lethargy 14 Until the creation of the. European Security and Defence Policy ESDP at the Helsinki European. Council in December 1999 the only active framework for handling. specifically European security questions was the Western European Union. WEU and the special partnership of the WEU under the NATO defined. concept of European Security and Defence Identity ESDI 15 As NATO was. hampered by presumed restrictions on out of area operations the WEU. became the main enforcer of embargoes imposed by the UN Security Council. during the first Iraq war 1990 and the war in ex Yugoslavia 1991 5 For a. number of years the WEU acted as a bridge between the European Union and. NATO 16 It was particularly successful in drawing in the non EU members of. NATO by allowing them full participation in military activities 17. At NATO s Berlin ministerial meeting of 3 4 June 1996 the Alliance. adopted a major document on the development of ESDI and specifically on. 12 See the proposals thereto in Blockmans and Faleg More Union in European defence. Report of the CEPS Task Force on European Security and Defence Chaired by Solana March. 13 See Sparrow Jean Claude Juncker calls for EU army The Guardian 5 March 2015. and Bartels Kellner and Optenh gel Eds Strategic Autonomy and the Defence of Europe On. the Road to a European Army Dietz Verlag 2017, 14 See e g Duke The future of EU NATO relations A case of mutual irrelevance.
through competition 30 Journal Eur Int 2008 27 43 and Smith EU NATO cooperation. A case of institutional fatigue 20 European Security 2011 243 264. 15 See van Eekelen From Words to Deeds The Continuing Debate on European Security. 16 See van Eekelen and Blockmans European crisis management avant la lettre in. Blockmans Ed The European Union and Crisis Management Policy and Legal Aspects. Asser Press 2008 pp 21 36, 17 See Blockmans Participation of Turkey in the EU s Common Security and Defence. Policy Kingmaker or trojan horse Leuven GGS Working Paper No 41 March 2010. 1790 Blockmans CML Rev 2018, the NATO WEU relationship 18 The Berlin communiqu elaborated the. notion of NATO assets being provided in support of possible European. defence operations led by the WEU and foresaw ongoing support by NATO. for defence planning i e capabilities and operational planning in the WEU. framework In the following years a number of NATO WEU agreements. were drawn up to regulate the details of these different aspects of the ESDI. partnership Against this background NATO held out the prospect of further. enhancing and in particular making more automatic the various kinds of. support developed for the WEU since the Berlin Summit of 1996 when the. WEU s relevant roles were transferred to the EU 19 This was the proposition. that became known as Berlin Plus It took four years of intense negotiations. increasing pressure from NATO on the EU to take over peace operations in the. Balkans and a shift of focus towards new operations outside the European. arena notably in Iraq and Afghanistan for a breakthrough to be reached The. EU s Copenhagen European Council of 12 13 December 2002 played a. crucial part not just by virtue of its decisions on the timing of the move. towards Turkish EU accession negotiations but also for its endorsement of. detailed understandings to accommodate concerns expressed by Ankara the. fact that under no circumstances the ESDP would be used against an Ally and. that Cyprus and Malta which did not belong to NATO and its pre membership. Partnership for Peace programme would not receive classified information. from NATO or take part in any ESDP operations using NATO assets 20 The. signature of an EU NATO Declaration at Brussels on 16 December 2002. opened the way for the detailed development of Berlin Plus arrangements 21. 18 Final Communiqu of the Ministerial Meeting of the North Atlantic Council Press. Communiqu M NAC 1 96 63 3 June 1996 para 7, 19 For more details on the changing relationship between the two international. organizations see Wessel The EU as a black widow Devouring the WEU to give birth to a. European security and defence policy in Kronenberger Ed The European Union and the. International Legal Order Discord or Harmony T M C Asser Press 2001 pp 405 434. 20 See Bull EU 12 2002 points I 6 I 9 and I 17 3 Annex II Malta which enjoys. constitutional neutrality had joined NATO s PfP programme in 1995 but following popular. sentiment Labour suspended that membership in 1996 The country got caught up in Ankara s. retaliation against Cyprus for the isolation of Turkish Cypriots after the rejection of the Annan. Plan for reunification by Greek Cypriots The Nationalist Party took Malta back into the PfP in. 21 The finalization of the Berlin Plus arrangements was concluded with the signing of a. Security of Information Agreement between the EU and NATO on 14 March 2003 See Council. Decision 2003 211 CFSP of 24 Feb 2003 concerning the conclusion of the Agreement. between the European Union and the North Atlantic Treaty Organization on the Security of. Information O J 2003 L 80 35 The agreement itself is not publicly accessible For background. and analysis see Reichard Some legal issues concerning the EU NATO Berlin Plus. Agreement 73 Nordic JIL 2004 37 67 After a more thorough examination of the. characteristics of Berlin Plus one cannot escape the conclusion that the document. PESCO 1791, The specifics were agreed to in March 2003 and were intended to give the EU. permanent access to the planning assets of NATO while provision of other. assets would be on a case by case basis The two organizations moved swiftly. to open the way for the EU to take over NATO s mission Allied Harmony in. the Former Yugoslav Republic of Macedonia and similar arrangements were. negotiated for the takeover of the SFOR operation in Bosnia Herzegovina by. EUFOR Althea Since then the Berlin Plus arrangements have not been. mobilized as a result of a stand off between Turkey and the EU over Cyprus. Fifteen years on it might be argued that the Berlin Plus framework is. increasingly superfluous to address today s security challenges In the face of. rising conventional and hybrid threats and risks emanating from the eastern. and southern flanks the EU and NATO have recently vowed to strengthen. cooperation to bolster resilience to hybrid threats disinformation campaigns. and cyber attacks ensure coherence in conventional defence planning. coordination of exercises research and development of capabilities support. partners capacity building and cooperate in operations in the Western. Balkans Afghanistan and the maritime realm Mediterranean Indian. Ocean 22 Whereas the Joint Declaration of July 2018 in Brussels does not. seem to add much new to what the EU and NATO had already agreed to at. Warsaw in 2016 23 the diplomatic reaffirmation masks a slow but steady. dynamic which has mostly developed below the radar. In December 2016 the Council of the EU and the North Atlantic Council. endorsed a common set of 42 actions for the implementation of the Warsaw. Declaration in all above mentioned areas of cooperation and introduced a. monitoring mechanism to review progress on a biannual basis 24 So far three. progress reports have been issued The first of June 2017 highlighted the. overall expanded bilateral dialogue in defined areas 25 Following the second. underpinning the arrangements does not meet the necessary requirements to qualify as an. international treaty under the 1969 Vienna Convention on the Law of Treaties and the 1986. Vienna Convention on the Law of Treaties between States and International Organizations See. Reichard The EU NATO Relationship A Legal and Political Perspective Ashgate 2006 pp. 22 See the Joint declaration on EU NATO cooperation by President of the European. Council Tusk President of the European Commission Juncker and Secretary General of NATO. Stoltenberg Council Press Release 447 18 10 July 2018. 23 Joint declaration by the President of the European Council Tusk the President of the. European Commission Juncker and the Secretary General of NATO Stoltenberg Council. Press Release 419 16 8 July 2016, 24 Council Conclusions on the Implementation of the Joint Declaration by the President of.
the European Council the President of the European Commission and the Secretary General of. the North Atlantic Treaty Organization Council Doc 15283 16 6 Dec 2016. 25 Progress report on the implementation of the common set of proposals endorsed by. NATO and EU Councils on 6 Dec 2016 14 June 2017 available at eeas europa eu sites. eeas files 170614 joint progress report eu nato en 1 pdf. 1792 Blockmans CML Rev 2018, progress report 26 a new set of 34 actions was endorsed by both councils. including topics such as women peace and security counter terrorism and. military mobility 27 The third progress report of May 2018 elaborated on the. main achievements in improving the military mobility of troops and. equipment common preparedness for cyber and hybrid attacks fighting. terrorism and fighting migrant smuggling and trafficking in the. Mediterranean 28 Modest progress has therefore been achieved at. headquarters level bureaucratic coordination and in the field capabilities. and operational cooperation For the moment though these projects. constitute low hanging fruit The 76 actions are an attempt to banish ghosts. from the past in coordination between the two Brussels based organizations. Of course every small step to move EU NATO cooperation up a notch is to be. welcomed Given the EU s commitment not to duplicate structures this is. important Member States operate a single set of forces so by using. instruments and developing Member States capabilities the EU will in fact. strengthen capabilities that are also available to NATO and the United Nations. As the EU s own defence integration advances the classic American. bugbears of no discrimination no duplication and no decoupling US. Secretary of State Madeleine Albright s famous 3Ds that the EU ought to. avoid in its relations with NATO will again come into sharper focus 29. Obscured by US President Trump s theatrics at the first summit held at. NATO s new headquarters in Brussels and his outlandish claims that allies. should increase defence spending to 4 percent of their GDP the EU NATO. Joint Declaration of 10 July 2018 reiterated coherent complementary and. interoperable capability development and encouraged the fullest possible. involvement of non EU Allies in the European Union s new initiatives in the. field of defence 30 We shall return to the latter specific issue below. 26 Second progress report on the implementation of the common set of proposals endorsed. by NATO and EU Councils on 6 Dec 2016 and 29 Nov 2017 available at www nato int nato. static fl2014 assets pdf pdf 2017 11 171129 2nd Joint progress report EU NATO eng pdf. 27 Council Conclusions on the Implementation of the Joint Declaration by the President of. the European Council the President of the European Commission and the Secretary General of. the North Atlantic Treaty Organization Council Doc 14802 17 5 Dec 2017. 28 Third progress report on the implementation of the common set of proposals endorsed. by NATO and EU Councils on 6 Dec 2016 and 5 Dec 2017 31 May 2018 available at. www consilium europa eu media 35578 third report ue nato layout en pdf Both councils. agreed to reduce the frequency of stock taking by turning to an annual cycle of reporting. 29 See the text of Secretary Albright s remarks to the North Atlantic Council ministerial. meeting Brussels 8 Dec 1998 Any initiative must avoid pre empting Alliance. decision making by de linking ESDI from NATO avoid duplicating existing efforts and avoid. discriminating against non EU members emphases added. 30 See Council Press Release 447 18 The final communiqu of the NATO Summit itself. pointed to tangible results achieved so far in a range of areas including countering hybrid. threats operational cooperation including maritime issues cyber security and defence defence. PESCO 1793, 2 2 Implementing the EU Global Strategy Level of ambition capability. development and coordinated review, The Union s mixed performance in external action in the five years following. the entry into force of the Lisbon Treaty was a vivid reminder of the. importance to endow the Treaty s sanguine worldview of yesteryear31 with a. new vision for the increasingly complex connected and contested world of. tomorrow The EU Global Strategy of June 2016 did just that 32 As a sign of. the times the tone of the document is defensive the first priority The. security of our Union is fleshed out in most detail and the High. Representative was immediately tasked to draw up an Implementation Plan on. Security and Defence IPSD 33 This plan formed part of a wider winter. package 34 which was adopted in November December 2016 and included the. follow up to the EU NATO Warsaw Declaration see previous section and. the Commission s European Defence Action Plan see next section. The IPSD proposes a new level of ambition for a stronger union in. security and defence that centres around three mutually reinforcing priorities. raising CSDP s awareness and response capacities to external conflicts and. crises in an integrated manner strengthening CSDP s ability to build. capacities of partners and thus systematically increase their resilience and. capabilities defence industry and research exercises and defence and security capacity. building See Brussels Summit Declaration Issued by the Heads of State and Government. participating in the meeting of the North Atlantic Council in Brussels 11 12 July 2018 para 70. 31 I e the relatively peaceful and prosperous 25 years after the end of the Cold War when. the treaties were revised See Larik Entrenching global governance The EU s constitutional. objectives caught between a sanguine world view and a daunting reality in Van Vooren. Blockmans and Wouters Eds The EU s Role in Global Governance The Legal Dimension. OUP 2013 pp 7 22, 32 Compare the 2003 European Security Strategy A secure Europe in a better world. adopted by the European Council on 12 Dec 2003 which opens with Europe has never been. so prosperous so secure nor so free and the 2016 EU Global Strategy Shared vision common. action A stronger Europe the presentation of which was welcomed by the European Council. on 28 June 2016 The preface to the EUGS starts with We need a stronger Europe This is what. our citizens deserve this is what the wider world expects We live in times of existential crisis. within and beyond the European Union Our Union is under threat Our European project. which has brought unprecedented peace prosperity and democracy is being questioned For. the making of story see Tocci Framing the EU Global Strategy A Stronger Europe in a. Fragile World Palgrave 2017, 33 Proposal from the High Representative of the Union for Foreign Affairs and Security.
Policy Vice President of the European Commission and Head of the European Defence. Agency to the Council Implementation plan on security and defence Council Doc. 14392 16 14 Nov 2016, 34 See Solana and Blockmans The EU s winter package for security and defence CEPS. Commentary 16 Dec 2016,1794 Blockmans CML Rev 2018. protecting the EU and its citizens by tackling threats and challenges through. CSDP in line with the Treaty along the nexus of internal and external security. Reinforcing partnerships is the first leg on which the implementation plan. rests Apart from deepening the partnership with NATO the EU has in the past. two years strengthened its cooperation with the United Nations in peace. support operations in the Central African Republic Mali including with the. G5 Sahel Joint Force Libya and Somalia And non EU countries continue to. participate in civilian and military CSDP missions and operations 35. The second leg of the IPSD is the deepening of defence cooperation among. Member States in order to deliver the required capabilities This ambition it is. argued adds to the EU s credibility vis vis partners. Europe s strategic autonomy entails the ability to act and cooperate with. international and regional partners wherever possible while being able to. operate autonomously when and where necessary There is no. contradiction between the two Member States have a single set of forces. which they can use nationally or in multilateral frameworks The. development of Member States capabilities through CSDP and using EU. instruments will thus also help to strengthen capabilities potentially. available to the United Nations and NATO 36, Reinforcing this drive towards strategic autonomy and higher levels of. complementarity with international partners the European Council of. December 2016 called for deeper intra EU cooperation in the development of. the required capabilities as well as committing sufficient additional resources. all in keeping with national circumstances and legal commitments 37 For the. 22 EU members belonging to NATO this endeavour supports the. commitments on defence expenditure made at Warsaw, Thus the heads of State or government agreed to take forward work in the. European Defence Agency to translate the new level of ambition into military. 35 See Tardy CSDP Getting third States on board EUISS Brief March 2014 Third. countries participation in EU crisis management operations can be formalized through the. establishment of a Framework Participation Agreement FPA As of 31 Dec 2016 18 such. agreements had been signed of which 17 were in force The FPA with Colombia signed in 2014. had not yet entered into force Although the US signed an FPA with the EU in March 2011 due. to the country s reluctance to place its troops under non US command the agreement only. covers contributions of civilian personnel units and assets by the United States to EU crisis. management operations If and when the UK leaves the EU a bilateral FPA could be. concluded or the substance of it could be included in a wider agreement covering security and. defence cooperation Information compiled from Tardy Ed Yearbook on European Security. 2017 EUISS 2017,36 See Council Doc 14392 16 emphasis added.
37 European Council Conclusions EUCO 34 16 15 Dec 2016 paras 10 15 See below. for the opt out which Denmark has from CSDP,PESCO 1795. capability needs revise the Capability Development Plan CDP accordingly. and outline capability development priorities for Member States to jointly. invest in 38 On 28 June 2018 the EDA Steering Board in the composition of. Capability Directors endorsed the 2018 CDP and approved the associated EU. capability development priorities 39 The latter aim to contribute to increased. coherence between Member States defence planning by identifying future. cooperative activities irrespective of the chosen cooperation framework 40. including under PESCO and the European Defence Fund see next sections 41. To help operationalize the CDP the European External Action Service and. the European Defence Agency developed proposals on the scope modalities. and content of a Member State driven Coordinated Annual Review on. Defence CARD The Foreign Affairs Council of May 2017 endorsed the. establishment of the CARD starting with a trial run from autumn 2017 to. autumn 2018 in order to test adapt and validate Member States approaches. as necessary ahead of the first full CARD implementation in autumn 2019 42. At the moment of writing there was no Council Decision to go by only the. evolving content of Council conclusions on the issue The contours of the. CARD mechanism are nevertheless clear the EDA will act as CARD. secretariat and present a report to the EDA Steering Board at ministerial. level This report which is forwarded to the Council will provide an. overview of, i Member States aggregated defence plans including in terms of. defence spending plans taking into account the commitments made by the. European Council in December 2016 ii the implementation of the EU. capability development priorities resulting from the CDP while. 38 The Commission has signed a delegation agreement with the European Defence. Agency to manage the CDPs For details see EDA Press Release 31 May 2017. 39 EDA New 2018 EU Capability Development Priorities approved Brussels 28 June. 2018 The 2018 EU Capability Development Priorities cover the following lines of action. enabling capabilities for cyber responsive operations space based information and. communication services information superiority ground combat capabilities enhanced. logistic and medical supporting capabilities naval manoeuvrability underwater control. contributing to resilience at sea air superiority air mobility integration of military air. capabilities in a changing aviation sector cross domain capabilities contributing to achieve the. EU s level of ambition, 40 Coherent also with NATO s Defence Planning Process NDPP and defence investment. 41 As such the CDP priorities also serve as the benchmark to ensure that the combined. outcome of capabilities development will be a more coherent set of deployable interoperable. sustainable assets and forces But without a common agreement on which nationally. produced capabilities can be scrapped the ulterior aim of rationalizing the European defence. market is unlikely to be reached any time soon, 42 Council conclusions on Security and Defence in the context of the EU Global Strategy. Doc 9178 17 18 May 2017,1796 Blockmans CML Rev 2018.
considering also prioritization in the area of Research Technology and. Key Strategic Activities and iii the development of European. cooperation providing over time a comprehensive picture of the European. capability landscape in view of Member States identifying the potential. for additional capability development 43, Such a review of Member States implementation of CDP priorities should. help foster capability development addressing shortfalls deepen defence. cooperation and ensure more optimal use including coherence of defence. spending plans 44 For those Member States participating in PESCO an. annual assessment of progress towards attainment of their commitments. should draw to the maximum extent possible on information provided under. the CARD exercise, The CARD system is thus designed to encourage EU Member States to. synchronize their defence budgets and capability development plans Greater. transparency visibility and political commitment should allow the EDA and. the Council to identify opportunities for joint projects in capability. development and deployment and to create peer pressure to spend more on. defence for NATO Allies up to the level of 2 percent of GDP agreed at. Yet the CARD would be implemented on an entirely voluntary basis and. in full respect of Member States prerogatives and commitments in defence. including where it applies in collective defence and their defence planning. processes and taking into account external threats and security challenges. across the EU 45 For the CARD to provide real added value it needs to rely on. the collection of the most up to date and detailed information possible of. Member States defence spending plans and implementation of the. capability development priorities 46 The CARD system therefore depends on. trust among the Member States which historically has been in short supply As. in the early days of the operation of the semester system in the Eurozone it is. not entirely clear how short of the diplomatically unfriendly act of suspending. a Member State compliance with the commitments will be ensured let alone. enforced in cases when peer pressure does not suffice We will return to this. issue when analysing PESCO 47,43 Ibid para 20, 44 Council conclusions on Security and Defence in the context of the EU Global Strategy. Doc 7019 17 6 March 2017 para 10 The coherence between capability development R T. and industrial cooperation should be reinforced by the interaction between the CDP the. overarching strategic research agenda key strategic activities and engagement with industry. 45 Ibid para 11,46 EDA brochure on the CARD,47 See section 3 infra. PESCO 1797, What is clear though is that the future European Defence Union will require.
Member States joint development acquisition and retention of the full. spectrum of land air space and maritime capabilities In this respect the EU. Global Strategy identifies a number of priority areas for joint investment and. development intelligence surveillance reconnaissance remotely piloted. aircraft systems satellite communications and autonomous access to space. and permanent earth observation high end military capabilities including. strategic enablers as well as capabilities to ensure cyber and maritime. security 48 But for the Union to be able to deliver on these capability priorities. and enhance its strategic autonomy it needs to create the conditions for more. efficient and output driven defence cooperation This implies a more. innovative and competitive industrial base These are the main drivers of the. Commission s European Defence Action Plan, 2 3 European Defence Action Plan Market industry and funding. The European defence market has traditionally suffered from fragmentation. and low levels of industrial collaboration 49 Years of austerity have. exacerbated this trend thereby jeopardizing not just the sustainability and. competitiveness of the EU s defence industry but also the EU s strategic. autonomy 50 Studies have shown that especially at a time of budgetary. constraints a more efficient use of public money could be achieved by. reducing unnecessary duplications targeting projects that surpass individual. Member States capacities and improving the competitiveness and. functioning of the single market for defence 51,48 See EUGS 48. 49 For legal background and analysis see e g Koutrakos Trade Foreign Policy Defence. Hart Publishing 2001 Ch 8 about the regulation of defence products under EU law and Ch. 9 on the EU code of conduct on arms exports and the Commission s 1997 proposal on. defence related industries Georgopoulos The European armaments policy A conditio sine. qua non for the European Security and Defence Policy in Trybus and White Eds European. Security Law OUP 2007 pp 198 222 and Koutrakos The EU Common Security and. Defence Policy OUP 2013 Ch 9 on defence industries. 50 See European Council conclusions of Dec 2013 para 1. 51 European Parliament The cost of non Europe in Common Security and Defence. Policy Brussels 2013 the spread for the cost of non Europe in defence is thought to range. from EUR 130 billion at the higher end to at least EUR 26 billion on a more conservative. calculation EUR 26 billion per year corresponds to the combined defence budget of 15 EU. Member States Belgium Bulgaria Croatia Czechia Denmark Estonia Greece Hungary. Latvia Lithuania Luxembourg Portugal Romania Slovakia and Slovenia The Commission. made the business case for more efficient spending on defence in the Annex to its. announcement of the EDAP See Commission European defence action plan Towards a. European defence fund Press Release IP 16 4088 30 Nov 2016 Over the last decade EU. Member States have decreased defence spending by nearly 12 in real terms but this has not. 1798 Blockmans CML Rev 2018, In an effort to support Europe s defence industry and the entire cycle of. capability generation from research and development to production and. acquisition the Commission launched its European Defence Action Plan. EDAP at the end of November 2016 52 The emphasis of the EDAP is on. support action see Art 6 TFEU Given that the decision to sustain. investments and launch capabilities development programmes in the realm of. defence remains the prerogative of the Member States the Commission. considers that it can within the limits of the Treaties in particular the TFEU s. Titles on Industry and Research and technological development and. space only complement leverage and consolidate Member States joint. efforts in this field 53, As noted earlier this is not the first time that the Commission launches a. strategy to support competitiveness of the European defence industry and the. creation of a more integrated defence market Yet the adoption in 2009 of two. directives one simplifying the terms and conditions of transfers of. defence related products 54 and the other on the coordination of procedures. for the award of certain works contracts supply and service contracts by. contracting authorities or entities in the fields of defence and security 55 have. not contributed much to the progressive establishment of a European. defence market Intended to manipulate the supply side of the defence. market they contain loopholes that allow Member States to invoke. essential interests of their security Art 346 1 b TFEU to continue their. protectionist practices of licensing and procuring domestically 56. Government to government sales and 100 percent R D contracts are also. excluded from the directives provisions The EDA calculated that in 2014. 77 9 percent of all equipment procurement took place at the national level. been compensated by more European cooperation The lack of cooperation between Member. States in the field of defence and security is estimated to cost annually between EUR 25 billion. and EUR 100 billion, 52 Communication from the Commission to the European Parliament the European.
Council the Council the European Economic and Social Committee and the Committee of the. Regions European defence action plan COM 2016 950 final 30 Nov 2016 As such the. EDAP follows up on the EU Global Strategy s ambition to strengthen the Union in defence and. ultimately also NATO, 53 Ibid This would avoid duplication allow for a more efficient use of taxpayers. money improve the interoperability of defence equipment minimize fragmentation and boost. competitiveness and innovation in the European defence technological industrial base. 54 Directive 2009 43 EC O J 2009 L 146 1,55 Directive 2009 81 EC O J 2009 L 216 76. 56 See Trybus Buying Defence and Security in Europe The EU Defence and Security. Directive in Context Cambridge University Press 2014 and Trybus and Butler The internal. market and national security Transposition impact and reform of the EU Directive on. intra Community transfers of defence products 54 CML Rev 2017 403 442. PESCO 1799, thereby depriving countries of the cost savings that come with scale 57 In a. report issued in 2015 the European Parliament concluded that. The Directive 2009 81 EC is today favoured for contracts dealing with. services the acquisition of equipment deemed to be of a low strategic. value and sub systems Over the past three years all of the major military. contracts thus those that have had a structural effect on the EDTIB were. notified without going via the Directive Previous practices have. continued notably the use of Article 346 58, In its own evaluation the Commission declared the two directives broadly fit. for purpose and therefore not in need of legislative amendment 59 But. acknowledging the untapped potential of the EU procurement rules the. Commission proposed to push ahead with what it calls an effective. application of the two directives including through enforcement The first. step in this direction i e the intention of clarifying the interpretation of. specific derogations under the directives is long overdue Stricter control. should lead to the initiation of infringement procedures against Member. States that continue to flout the directives provisions. Apart from announcing a proper implementation of the two directives. regulating the intra EU procurement and transfers of defence related. products the Commission has presented a legislative proposal for a. framework for the screening of foreign direct investment FDI in the EU 60. The mechanism is intended to protect critical technologies related to the fifth. industrial revolution cyber artificial intelligence etc from foreign. acquisitions on grounds of security and public order The proposal is a. response to several EU Member States rejections of Chinese investments or. acquisitions in strategic sectors such as nuclear energy the modernization of. 2 nuclear reactors at Dukovany in the Czech Republic semi conductors with. dual use potential take over of German chip maker Aixtron and other hi tech. fields take over of German robotics firm Kuka In this respect EU. 57 EDA Defence Data 2014 EDA 2016 p 6, 58 European Parliament Directorate General for External Policies The impact of the.
defence package Directives on European defence June 2015. 59 Commission Staff Working Document Evaluation of Directive 2009 81 EC on public. procurement in the fields of defence and security SWD 2016 407 final 30 Nov 2016 and. Commission Staff Working Document Evaluation of the Transfers Directive. SWD 2016 398 final 2 7 Dec 2016 This is after the Commission amended Directive. 2009 43 EC with Directive 2016 97 on 27 May 2016, 60 European Commission Proposal for a Regulation of the European Parliament and of. the Council establishing a framework for screening of foreign direct investments into the. European Union COM 2017 487 final 13 Sept 2017 The proposal was referred to the EP s.

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