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TITLE V
PROVISIONS ON A COMMON FOREIGN AND SECURITY POLICY
ARTICLE J
A common foreign and security policy is hereby established which shall be governed by
the following provisions.
ARTICLE J.1
- The union and its Member States shall define and implement a common foreign and security
policy, governed by the provisions of the Title and covering all areas of foreign and
security policy.
- The objectives of the common foreign and security policy shall be:
- to safeguard the common values, fundamental interests and independence of the Union;
- to strengthen the security of the Union and its Member States in all ways;
- to preserve peace and strengthen international security, in accordance with the
principles of the United Nations Charter as well as the principles of the Helsinki Final
Act and the objectives of the Paris Charter;
- to promote international cooperation;
- to develop and consolidate democracy and the rule of law, and respect for human rights
and fundamental freedoms.
- The Union shall pursue these objectives;
- by establishing systematic cooperation between Member States in the conduct of policy,
in accordance with Article J.2;
- by gradually implementing, in accordance with Article J.3, joint action in the areas in
which the Member States have important interests in common.
- The Member States shall support the Union's external and security policy actively and
unreservedly in a spirit of loyalty and mutual solidarity. They shall refrain from any
action which is contrary to the interests of the Union or likely to impair its
effectiveness as a cohesive force in international relations. The Council shall ensure
that these principles are complied with.
ARTICLE J.2
- Member States shall inform and consult one another within the Council on any matter of
foreign and security policy of general interest in order to ensure that their combined
influence is exerted as effectively as possible by means of concerted and convergent
action.
- Whenever it deems it necessary, the Council shall define a common position. Member
States shall ensure that their national policies conform on the common positions.
- Member States shall coordinate their action in international organizations and at
international conferences. They shall uphold the common positions in such fora. In
international organizations and at international conferences where not all the Member
States participate, those which do take part shall uphold the common positions.
ARTICLE J.3
The procedure for adopting joint action in matters covered by foreign and security
policy shall be the following:
- The Council shall decide, on the basis of general guidelines from the European Council,
that a matter should be the subject of joint action.
Whenever the Council decides on the principle of joint action, it shall lay down the
specific scope, the Union's general and specific objectives in carrying out such action,
if necessary its duration, and the means, procedures and conditions for its
implementation.
- The Council shall, when adopting the joint action and at any stage during its
development, define those matters on which decisions are to be taken by a qualified
majority.
Where the Council is required to act by a qualified majority pursuant to the preceding
subparagraph, the votes of its members shall be weighted in accordance with Article 148(2)
of the Treaty establishing the European Community, and for their adoption, acts of the
Council shall require at least fifty-four votes in favour, cast by at least eight members.
- If there is a change in circumstances having a substantial effect on a question subject
to joint action, the Council shall review the principles and objectives of that action and
take the necessary decisions. As long as the Council has not acted, the joint action shall
stand.
- Joint actions shall commit the Member States in the positions they adopt and in the
conduct of their activity.
- Whenever there is any plan to adopt a national position or take national action pursuant
to a joint action, information shall be provided in time to allow, if necessary, for prior
consultations within the Council. The obligation to provide prior information shall not
apply to measures which are merely a national transposition of Council decisions.
- In cases of imperative need arising from changes in the situation and failing a Council
decision, Member States may take the necessary measures as a matter of urgency having
regard to the general objectives of the joint action. The Member State concerned shall
inform the Council immediately of any such measures.
- Should there be any major difficulties in implementing a joint action, a Member State
shall refer them to the Council which shall discuss them and seek appropriate solutions.
Such solutions shall not run counter to the objectives of the joint action or impair
its effectiveness.
ARTICLE J.4
- The common foreign and security policy shall include all questions related to the
security of the Union, including the eventual framing of a common defence policy, which
might in time lead to a common defence.
- The union requests the Western European Union (WEU), which is an integral part of the
development of the Union, to elaborate and implement decisions and actions of the Union
which have defence implications. The Council shall, in agreement with the institutions of
the WEU, adopt the necessary practical arrangements.
- Issues having defence implications dealt with under this Article shall not be subject to
the procedures set out in Article J.3.
- The policy of the Union in accordance with this Article shall not prejudice the specific
character of the security and defence policy of certain Member States and shall respect
the obligations of certain Member States under the North Atlantic Treaty and be compatible
with the common security and defence policy established within that framework.
- The provisions of this Article shall not prevent the development of closer cooperation
between two or more Member States on a bilateral level, in the framework of the WEU and
the Atlantic Alliance, provided such cooperation does not run counter to or impede that
provided for in this Title.
- With a view to furthering the objective of this Treaty, and having in view the date of
1998 in the context of Article XII of the Brussels Treaty, the provisions of this Article
may be revised as provided for in Article N(2) on the basis of a report to be presented in
1996 by the Council to the European Council, which shall include an evaluation of the
progress made and the experience gained until then.
ARTICLE J.5
- The Presidency shall represent the Union in matters coming within the common foreign and
security policy.
- The Presidency shall be responsible for the implementation of common measures; in that
capacity it shall in principle express the position of the Union in international
organizations and international conferences.
- In the tasks referred to in paragraphs 1 and 2, the presidency shall be assisted if
needs be by the previous and next Member States to hold the Presidency. The Commission
shall be fully associated in these tasks.
- Without prejudice to Article J.2(3) and Article J.3(4), Member States represented in
international organizations or international conferences where not all the Member States
participate shall keep the latter informed of any matter of common interest.
Member States which are also members of the United Nations Security Council will concert
and keep the other Member States fully informed. Member States which are permanent members
of the Security Council will, in the execution of their functions, ensure the defence of
the positions and the interests of the union, without prejudice to their responsibilities
under the provisions of the United Nations Charter.
ARTICLE J.6
The diplomatic and consular missions of the Member States and the Commission
Delegations in third countries and international conferences, and their representations to
international organizations, shall cooperate in ensuring that the common positions and
common measures adopted by the Council are complied with and implemented.
They shall step up cooperation by exchanging information, carrying out joint assessments
and contributing to the implementation of the provisions referred to in Article 8c of the
Treaty establishing the European Community.
ARTICLE J.7
The Presidency shall consult the European Parliament on the main aspects and the basic
choices of the common foreign and security policy and shall ensure that the views of the
European Parliament are duly taken into consideration. The European Parliament shall be
kept regularly informed by the Presidency and the Commission of the development of the
Union's foreign and security policy. The European Parliament may ask questions of the
Councils or make recommendations to it. It shall hold an annual debate on progress in
implementing the common foreign and security policy.
ARTICLE J.8
- The European Council shall define the principles of and general guidelines for the
common foreign and security policy.
- The Council shall take the decisions necessary for defining and implementing the common
foreign and security policy on the basis of the general guidelines adopted by the European
Council. It shall ensure the unity, consistency and effectiveness of action by the Union.
The Council shall act unanimously, except for procedural questions and in the case
referred to in Article J.3(2).
- Any Member State or the Commission may refer to the Council any question relating to the
common foreign policy and may submit proposals to the Council.
- In cases requiring a rapid decision, the Presidency, of its own motion, or at the
request of the Commission or a Member State, shall convene an extraordinary Council
meeting within forty-eight hours or, in an emergency, within a shorter period.
- Without prejudice to Article 151 of the Treaty establishing the European Community, a
Political Committee consisting of Political Directors shall monitor the international
situation in the areas covered by common foreign and security policy and contribute to the
definition of policies by delivering opinions to the Council at the request of the Council
or on its own initiative. It shall also monitor the implementation of agreed policies,
without prejudice to the responsibility of the Presidency and the Commission.
ARTICLE J.9
The Commission shall be fully associated with the work carried out in the common
foreign and security policy field.
ARTICLE J.10
On the occasion of any review of the security provisions under Article J.4, the
Conference which is convened to that effect shall also examine whether any other
amendments need to be made to provisions relating to the common foreign and security
policy.
ARTICLE J.11
- The provisions referred to in Articles 137, 138, 139 to 142, 146, 147, 150 to 153, 157
to 163 and 217 of the Treaty establishing the European Community shall apply to the
provisions relating to the areas referred to in this Title.
- Administrative expenditure which the provisions relating to the areas referred to in
this Title entail for the institutions shall be charged to the budget of the European
Communities.
The Council may also:
- either decide unanimously that operational expenditure to which the implementation of
those provisions gives rise is to be charged to the budget of the European Communities; in
that event, the budgetary procedure laid down in the Treaty establishing the European
Community shall be applicable;
- or determine that such expenditure shall be charged to the Member States, where
appropriate in accordance with a scale to be decided.
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