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Council
of the European Union
Press Release: Brussels (04-12-2000) - Nr: 14056/2/00 |
PRESIDENCY
REPORT ON
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The aim of the efforts made since the Cologne, Helsinki and Feira European Councils is to give the European Union the means of playing its role fully on the international stage and of assuming its responsibilities in the face of crises by adding to the range of instruments already at its disposal an autonomous capacity to take decisions and action in the security and defence field. In response to crises, the Union's particular characteristic is its capacity to mobilise a vast range of both civilian and military means and instruments, thus giving it an overall crisis-management and conflict-prevention capability in support of the objectives of the Common and Foreign Security Policy. In developing this autonomous capacity to take decisions and, where NATO as a whole is not engaged, to launch and conduct EU-led military operations in response to international crises, the European Union will be able to carry out the full range of Petersberg tasks as defined in the Treaty on European Union: humanitarian and rescue tasks, peace-keeping tasks and tasks of combat forces in crisis management, including peacemaking. This does not involve the establishment of a European army. The commitment of national resources by Member States to such operations will be based on their sovereign decisions. As regards the Member States concerned, NATO remains the basis of the collective defence of its members and will continue to play an important role in crisis management. The development of the ESDP will contribute to the vitality of a renewed Transatlantic link. This development will also lead to a genuine strategic partnership between the EU and NATO in the management of crises with due regard for the two organisations' decision-making autonomy. The development of the European Security and Defence Policy strengthens the Union's contribution to international peace and security in accordance with the principles of the UN Charter. The European Union recognises the primary responsibility of the United Nations Security Council for maintaining peace and international security. The value of cooperation between the Union and the United Nations, as well as with the OSCE and the Council of Europe, as the Union develops its crisis-management and conflict-prevention capabilities has been emphasised in the context of the work carried out during the Presidency. In this context, the Secretary-General of the United Nations has also submitted a proposal for closer cooperation between the EU and the UN. In this respect the European Union welcomes the recent contacts between the Secretary-General of the United Nations, the Secretary-General/High Representative, the Presidency and the EU Troika. The development of European crisis-management capabilities increases the range of instruments for responding to crises available to the international community. The efforts made will enable Europeans in particular to respond more effectively and more coherently to requests from leading organisations such as the UN or the OSCE. This development is an integral part of strengthening the Common Foreign and Security Policy. In connection with the submission of this report, the Presidency noted that Denmark drew attention to Protocol No 5 annexed to the Treaty of Amsterdam on the position of Denmark. (1) Elaboration of the headline goal and of the military capability goals established in Helsinki The main challenge for Member States is to develop military capabilities which can be put at the disposal of the EU for crisis management purposes. The aim is to mobilise Member States' efforts in this sphere. The Commitment Conference, which was held in Brussels on 20 November, demonstrated the Europeans' capability to satisfy fully, by their contributions in numerical terms, the needs identified to carry out the different types of crisis-management missions within the headline goal agreed in Helsinki. At this Conference the Member States also signalled their determination to make the necessary efforts to improve their operational capabilities further in order to carry out in full the most demanding of the Petersberg tasks, in particular as regards availability, deployability, sustainability and interoperability. As for their collective goals, the Member States agreed to pursue their efforts in the area of command and control, intelligence and strategic air and naval transport capabilities. The Council approved the military capabilities commitment declaration published at the close of its meeting on 20 November and the definition of a "mechanism for evaluating military capabilities". Its aim is to enable the EU to ensure follow up and to facilitate progress towards the honouring of the commitments made with a view to achieving the headline goal, to review its aims in the light of changed circumstances and to contribute as well to ensuring compatibility of the commitments undertaken in the EU framework and, for the countries concerned, the goals accepted in the framework of NATO planning or the Planning and Review Process of the Partnership for Peace. These documents are annexed hereto. The ministerial meetings with the non-EU European NATO members and other countries which are candidates for accession in the follow-up to the Capabilities Commitment Conference made it possible to draw together pledges of additional contributions from these States with a view to their participation in EU-led operations. The Member States welcome these contributions, which increase and bolster the capabilities available for EU-led crisis-management operations. (2) Definition and implementation of EU capabilities in the civilian aspects of crisis management The European Union has continued developing civilian capabilities in the four priority areas established by the Feira European Council: police, strengthening of the rule of law, strengthening civilian administration and civil protection. Discussions have focused on the implementation of the specific goal regarding police capabilities, whereby Member States should be able to provide 5 000 officers by 2003 for international missions, 1 000 of whom could be deployed within less than 30 days, and on the definition of specific goals in connection with strengthening the rule of law. The proceedings of the Committee for Civilian Aspects of Crisis Management enabled considerable progress to be made in elaborating the police objective. Methods were devised and ideas for deployment were developed. It is now necessary to flesh out Member States' commitments by calling for voluntary contributions. Moreover, the need to equip the General Secretariat of the Council with expertise in police matters on a permanent basis has been identified. Discussions on strengthening the rule of law, the second priority identified in Feira, will make it possible to establish specific objectives in this area compatible with the development of European Union police capabilities. At the seminar organised in Brussels on 25 October it was possible to determine initial views and guidelines for further work within the Committee for Civilian Aspects of Crisis Management. In connection with these discussions, a database to record Member States' capabilities regarding the re-establishment of a judicial and penal system was set up within the General Secretariat of the Council. Discussions
have been initiated on cooperation with the UN, the OSCE and the Council
of Europe. They will need to be followed up.
The contribution of non-EU Member States to the EU's civilian crisis management operations, in particular in EU police missions, will be studied in a positive spirit, in accordance with procedures to be determined. A document setting out the main aspects of the work on the civilian aspects of crisis management is annexed hereto. II. ESTABLISHMENT OF PERMANENT POLITICAL AND MILITARY STRUCTURES The process initiated since the Cologne European Council is intended to enable the European Union to assume its responsibilities for crisis management as a whole. If it is to play fully its role on the international stage, the EU must be in a position to have at its disposal the whole range of instruments required for a global approach to crisis management, and in particular:
The strength of the resources needed for the operation of such bodies, in particular the Military Staff, will have to be increased without delay. The development of a mechanism to ensure synergy between civilian and military instruments is essential if the civilian and military aspects of crisis management are to be efficient and consistent. To this end, a document (13957/1/00 REV 1) constituting a reference framework has been submitted by the Secretary-General/High Representative and has been noted with interest. Another document, concerning crisis management procedures, including an Annex on the European Union Situation Centre, has also been circulated by the General Secretariat of the Council. This document will be the subject of a detailed study, followed by tests and exercises so that it can be adapted in the light of experience, and subsequently approved. In this crisis management mechanism the PSC has a central role to play in the definition of and follow-up to the EU response to a crisis. The Secretary General/High Representative, who may chair the PSC, plays an important role in providing impetus. He also contributes to the effectiveness and visibility of the Union's action and policy. III. ARRANGEMENTS WHICH WILL PERMIT IN THE EU'S MILITARY CRISIS MANAGEMENT THE CONSULTATION AND PARTICIPATION OF NON-EU EUROPEAN NATO MEMBERS AND OTHER COUNTRIES WHICH ARE CANDIDATES FOR ACCESSION TO THE EU The EU project is open. If there is to be efficient crisis management, the European Union wishes to receive contributions from the non-EU European NATO members and other countries which are candidates for accession to the EU, in particular those which have the determination and capability to commit considerable resources to participate in the Petersberg tasks. This openness must, of course, respect the principle of the European Union's decision-making autonomy. In implementing the arrangements agreed in Feira, the Presidency has initiated and developed a regular and substantive dialogue on the ESDP with the countries concerned. Ministerial meetings were thus held on 21 November as a follow-up to the Capacities Commitment Conference. This dialogue has also been developed at the level of the IPSC, which held meetings on the inclusive structure on 27 July, 2 October and 17 November, and through meetings comprising military experts to prepare non-member states' contributions to the capability goals. These consultations were in addition to the meetings held in connection with the Union's political dialogue with its partners. The document on "arrangements for non-EU European NATO members and other countries which are candidates for accession to the EU" is annexed hereto. In accordance with the undertakings given, these arrangements will make it possible to consult such countries on a regular basis when there is no crisis and to associate them to the greatest possible extent in EU-led military operations in times of crisis. IV. PERMANENT ARRANGEMENTS FOR EU-NATO CONSULTATION AND COOPERATION On the basis of the decisions taken by the Feira European Council and in close consultation with NATO, the European Union has, during the French Presidency, continued preparations for establishing a permanent and effective relationship between the two organisations. The attached documents on the principles for consultation, cooperation and transparency with NATO and the modalities for EU access to NATO assets and capabilities (Berlin plus) constitute the EU's contribution to work on future arrangements between the two organisations. The EU hopes for a favourable reaction from NATO so that these arrangements can be implemented on a mutually satisfactory basis. Consultations and cooperation between the two organisations will be developed in matters of security, defence and crisis management of common interest in order to make possible the most appropriate military response to a given crisis and ensure effective crisis management, while fully respecting the decision-making autonomy of NATO and the EU. The EU would reiterate the importance which it attaches to being able, when necessary, to make use of the assured access to NATO's planning capabilities and to count on the availability of NATO's assets and capabilities as envisaged in the Communique from the Washington Summit. The European Union will call on NATO for operational planning of any operation using NATO assets and capabilities. When the Union examines options with a view to an operation, the establishing of its strategic military options could involve a contribution by NATO's planning capabilities. The EU would stress the importance of appropriate provisions giving those who so wish access to Alliance structures in order, when necessary, to facilitate effective participation by all Member States in EU-led operations which make use of NATO assets and capabilities. The meetings between the Interim Political and Security Committee and the Atlantic Council on 19 September and 9 November marked a decisive stage in the development of a trusting relationship between the EU and NATO. The discussions by the ad hoc working parties set up at Feira and the working party of experts on military capabilities (HTF plus) have led to progress in transparency and cooperation between the two organisations. The Interim Security Agreement concluded by the two Secretaries-General has encouraged the development of these relations by authorising initial exchanges of documents and opened the way to a definitive arrangement between the European Union and NATO. V. INCLUSION IN THE EU OF THE APPROPRIATE FUNCTIONS OF THE WEU The European Union has confirmed its intention of itself assuming the crisis-management function of the WEU. It took note in this context of the measures adopted by the WEU Council of Ministers in Marseilles to enable the latter to take account of developments which have occurred in the EU. The Council adopted the following decisions of principle on the inclusion of the appropriate functions of the WEU in the field of the Petersberg tasks:
VI. ARRANGEMENTS FOR THE CONSULTATION AND PARTICIPATION OF OTHER POTENTIAL PARTNERS In Feira, it was recalled that Russia, Ukraine, other European States with which the Union maintains political dialogue and other interested States such as Canada could be invited to participate in EU-led operations. To that end, the Union proposes stepping up dialogue, cooperation and consultation on security and defence issues with the countries concerned within the framework of existing agreements on the basis of the following principles: In the routine phase, the Union will conduct exchanges of information on questions relating to the ESDP and military crisis-management through meetings on this topic, which will normally be held once every six months by the PSC Troika. Additional meetings will be organised if the Council deems it necessary. In a crisis situation, when the possibility of a military crisis-management operation is being considered, such consultations conducted in Troika format or by the Secretary-General/High Representative will constitute the framework making it possible for exchanges of views and discussions on possible participation by potential partners to be held. The European Union has already welcomed the interest shown by Canada. Consultations with Canada will be stepped up in times of crisis. Participation by Canada will be of particular importance in the case of EU operations drawing on NATO assets and capabilities. In this context, when the Union embarks on detailed examination of an option making use of NATO assets and capabilities, particular attention will be paid to consultation with Canada. The countries participating in an operation may appoint liaison officers to Planning Staff and, together with all the EU members, attend the Committee of Contributors with the same rights and obligations as the other participating States as far as day-to-day management of the operation is concerned. These initial
principles are without prejudice to any specific consultation and/or participation
mechanisms which may be concluded with some of the countries concerned.
The EU has, for example, adopted with Russia a joint declaration on strengthening
dialogue on political and security questions in Europe, providing in particular
for specific consultations on security and defence issues.
VII. CONFLICT PREVENTION The European Councils in Cologne, Helsinki and Feira decided that the Union should fully assume its responsibilities in the sphere of conflict prevention. To that end, the Feira European Council invited the Secretary-General/High Representative and the Commission to submit to the Nice European Council concrete recommendations for improving the cohesion and effectiveness of action by the European Union in the field of conflict prevention. The report was submitted to the European Council, which welcomed the concrete recommendations made by the Secretary-General/High Representative and the Commission and highlighted the need to continue these discussions. VIII. MANDATE
FOR THE NEXT PRESIDENCY
1. On the basis of the present report, the Swedish Presidency is invited, in association with the Secretary-General/High Representative, to continue work within the General Affairs Council on developing the Common Security and Defence Policy and to implement the measures necessary for the following: (a) to achieve the objective of making the EU quickly operational. A decision to that end will be taken by the European Council as soon as possible in 2001 and no later than the European Council in Laeken. To that end, the Swedish Presidency is invited to:
(c) the continuation of the work begun on civilian aspects of crisis management, including the evelopment of a capability for planning and conducting police operations and the request for voluntary contributions with respect to police, as well as the definition of specific objectives; (d) the implementation of the decisions taken at the present European Council on permanent arrangements with non-EU European NATO members and other countries which are candidates for accession to the EU and the submission of proposals for the modalities of participation by third countries in the civilian aspects of crisis management; (e) the implementation of the arrangements for the consultation and participation of other potential partners, the principles of which are laid down by this European Council; (f) the setting up in the form of agencies within the EU of a "Satellite Centre" (responsible for producing satellite and aerial images) and an "Institute for Security Studies" which would incorporate the relevant features of the similar existing WEU structures; (g) the identification of possible areas as well as modalities of cooperation between the European Union and the United Nations in crisis management; (h) the definition
of proposals for improving the cohesion and effectiveness of Union action
in the sphere of conflict prevention.
In Helsinki the Member States also decided rapidly to develop collective capability goals, particularly in the field of command and control, intelligence and strategic transport. At the Feira European Council in June 2000 the Union also encouraged the countries which have applied for membership of the EU and the non-EU European members of NATO to contribute to improving Europe's capabilities. The work conducted since the Feira European Council has enabled the Union to define the variety of measures needed successfully to carry out the full range of Petersberg tasks, including the most demanding among these. It has made it possible to specify the Union's needs in terms of the military capability and forces required to attain the headline goal. The needs identified are outlined in a capability catalogue. As agreed at the Feira European Council, NATO's military expertise has helped in drawing up this catalogue. This conference constitutes the first stage of a demanding process of reinforcing military capabilities for crisis management by the Union with the purpose being to achieve the headline goal set by 2003 but continuing beyond that date in order to achieve the collective capability goals. At the Helsinki European Council the Member States had also decided rapidly to identify the collective capability goals in the field of command and control, intelligence and strategic transport, and had welcomed decisions of that nature already announced by certain Member States: to develop and coordinate monitoring and early warning military means; to open existing joint national headquarters to officers coming from other Member States; to reinforce the rapid reaction capabilities of existing European multinational forces; to prepare the establishment of a European air transport command; to increase the number of readily deployable troops; and to enhance strategic sea lift capacity. This effort will continue. It remains essential to the credibility and effectiveness of the European security and defence policy that the Union's military capabilities for crisis management be reinforced so that the Union is in a position to intervene with or without recourse to NATO assets. A) Concerning forces
By 2003, once
the appropriate European Union political and military bodies are in a position
to exercise political control and strategic management of EU-led operations,
under the authority of the Council, the Union will gradually be able to
undertake Petersberg tasks in line with its increasing military capabilities.
The need to further improve the availability, deployability, sustainability
and interoperability of forces has, however, been identified if the requirements
of the most demanding Petersberg tasks are to be fully satisfied. Efforts
also need to be made in specific areas such as military equipment, including
weapons and munitions, support services, including medical services, prevention
of operational risks and protection of forces.
B) Concerning strategic capabilities As regards command, control and communications, the Member States offered a satisfactory number of national or multinational headquarters at strategic, operational, force and component levels. These offers will have to be evaluated further in qualitative terms so that the Union can, in addition to possible recourse to NATO capabilities, have the best possible command and control resources at its disposal. The Union pointed out the importance it attaches to the speedy conclusion of ongoing talks on access to NATO capabilities and assets. The European Union Military Staff, which will acquire an initial operating capability in the course of 2001, will bolster the European Union's collective early warning capability and will provide it with a predecisional situation assessment and strategic planning capability. In regard to intelligence, apart from the image interpretation capabilities of the Torrejon Satellite Centre, Member States offered a number of resources which can contribute to the analysis and situation monitoring capability of the Union. Nevertheless, they noted that serious efforts would be necessary in this area in order for the Union to have more strategic intelligence at its disposal in the future. As regards
the strategic air and naval transport capabilities at the Union's disposal,
improvements are necessary to guarantee that the Union is able to respond,
in any scenario, to the requirements of a demanding operation at the top
of the Petersberg range, as defined in Helsinki.
These projects as a whole relate to: This mechanism would be based on the following principles: (b) recognition of the political and voluntary nature of the commitments made, which implies that the Member States are responsible for any adjustment of the commitments in the light of the evaluation made; (c) transparency, simplicity and clarity, in order among other things to enable comparisons to be made between the commitments of the various Member States; (d) a continuous
and regular evaluation of progress made, on the basis of reports enabling
ministers to take the appropriate decisions;
The arrangements concerning transparency, cooperation and dialogue between the Union and NATO should be set out in the document on permanent arrangements between the Union and NATO. The evaluation mechanism will take account of the following additional principles: (g) the need
for mutual reinforcement of the Union's capability goals and those arising,
for the countries concerned, from the Defence Capabilities Initiative;
* * *
The Member States welcomed the intentions expressed with a view to the ministerial meetings on 21 November 2000 by the countries applying for membership of the EU and the non-EU European NATO Members in reply to the invitation made to them at the Feira European Council to make their contribution, in the form of complementary commitments, to improving European capabilities. Contributions received at the ministerial meetings on 21 November 2000 will extend the range of capabilities available for EU-led operations, thus enabling the Union's intervention capability to be strengthened in the manner most appropriate to the circumstances. They would be welcomed as significant additional contributions to those capabilities offered by the Member States. In this context, the Member States signalled their agreement for those contributions to be evaluated, in liaison with the States concerned, according to the same criteria as those applied to the Member States.
REVIEW MECHANISM FOR MILITARY CAPABILITIES
INTRODUCTION
(b) at the capability-pledging Conference on 20 November 2000, the Member States pledged both existing means and measures aimed at making up the remaining requirements; (c) contributions in terms of capability and forces by European NATO Member States not part of the EU and by countries which are candidates for accession to the EU have been taken into account and welcomed as a further valuable contribution towards improving the European military capability.
(b) to enable the EU to evaluate and, if necessary, to review its defined capability goals in order to meet the requirements of the full range of Petersberg tasks in the light of changing circumstances; (c) to help to achieve consistency between the pledges undertaken in the EU framework and, for the countries concerned, the headline goal force agreed to in the context of NATO planning or the Partnership for Peace (PARP). As agreed at Helsinki, the Member States concerned will also deploy existing defence planning procedures, including, if appropriate, those of NATO and of the planning and review process (PARP) of the Partnership for Peace.
(b) recognition of the political and voluntary nature of the commitments made, which implies that the Member States are responsible for any adjustment of the commitments in the light of the evaluation made; (c) transparency, simplicity and clarity, in order among other things to enable comparisons to be made between the commitments of the various Member States; (d) a continuous and regular of evaluation of progress made, on the basis of reports enabling ministers to take the appropriate decisions; (e) the flexibility necessary to adapt the commitments to newly identified needs.
The arrangements concerning transparency, cooperation and dialogue between the EU and NATO should be set out in the document on permanent arrangements between the EU and NATO. The evaluation mechanism will take account of the following additional principles: (g) the need for mutual reinforcement of the EU's capability goals and those arising, for the countries concerned, from the Defence Capabilities Initiative; (h) the need to avoid unnecessary duplication of procedures and of information requested
The process will continue to be based on the method used with success initially in the elaboration of the headline goal, in particular the involvement of Member State and NATO experts through expert groups based on the Headline Task Force/Headline Task Force Plus (HTF/HTF Plus) formats, with the EUMS assisting in the process of elaborating, evaluating and reviewing capability goals in accordance with its remit.
It will act to promote:
Reports may also be made within the single consultations structure, including non-EU countries. FOR CIVILIAN ASPECTS OF CRISIS MANAGEMENT
I. INTRODUCTION In order to be able to give an effective response to the challenges of crisis management under the European security and defence policy the European Union has committed itself to increasing and improving its capabilities, including those for civilian aspects of crisis management. In Santa Maria da Feira, the European Council accordingly identified policing, strengthening the rule of law, strengthening civilian administration and civil protection as the four priority areas of work in which the Union intends to establish specific capabilities for use in operations conducted by lead agencies, such as the United Nations or the OSCE, or in EU-led autonomous missions. Action by the Union in these areas will enable it to make a greater contribution to conflict prevention and crisis management in accordance with the principles of the United Nations Charter. On the basis of the recommendations made by the European Council in Santa Maria da Feira, the Committee for Civilian Aspects of Crisis Management set up by Council Decision of 22 May 2000 has given priority in its work to implementing the specific target for policing. It has dealt with strengthening the rule of law, with a view to setting specific targets in that area. A meeting has been organised with representatives of the United Nations, the OSCE and the Council of Europe with a view to identifying areas and principles for cooperation with those organisations. This paper
presents the essential elements of the work carried out by the Committee
for Civilian Aspects of Crisis Management.
II. POLICING CAPABILITIES In Feira, Member States committed themselves to providing by 2003, by way of voluntary cooperation, up to 5 000 police officers, 1 000 of them to be deployable within 30 days, for international missions across the full range of conflict-prevention and crisis-management operations. In order to
achieve that specific target, the Committee for Civilian Aspects of Crisis
Management has established a "method through which phased targets can be
met and maintained through voluntary contributions". It has been agreed
that this will be a basis for work under successive Presidencies.
The method singles out four steps: · definition of the capabilities needed for the performance of the missions identified; · call for contributions from Member States and identification of the capabilities on offer; · possible measures to ensure follow-up for concrete targets. The following guiding principles have been identified. 1) A full range of assignments: the European Union must be capable of carrying out police missions ranging from advice, assistance or training assignments to substituting for local police. Member States have available all of the various policing capabilities required for the purpose, which should be deployable so as to complement one another, while not losing sight of their specific features. Particular arrangements of Member States for national policing and the type of police expertise they can provide will be taken into account. This variety of police forces in the Member States is a valuable asset since it enables the Union to carry out a wide range of police missions. 2) A clear remit and appropriate mandate: The deployment of EU police forces requires clearly defined guidelines regarding their tasks and powers as well as an appropriate mandate. 3) An integrated approach: European Union action on Petersberg-type assignments requires a strong synergy between the military component and the civilian component (police, rule of law, civilian administration, civil protection). The military and police components must therefore, where necessary, be part of an integrated planning process and should be used on the ground in a closely coordinated manner, making allowance for the constraints on deployment of Member States' police forces. In order to identify the capabilities required, two generic concepts, based on recent experience in Guatemala, Croatia, Albania, Mostar and El Salvador, as well as in Bosnia and Herzegovina, East Timor and Kosovo, have been identified: strengthening of local police forces and substituting for local police forces. Strengthening of local policing capabilities is a key function in conflict prevention, crisis management, and post-conflict rehabilitation. In this case European Union police forces are deployed essentially to educate, train, assist, monitor and advise local police, with the aim of bringing their capabilities and conduct up to international standards, in particular in the field of human rights, and making them more effective. Use of highly skilled police officers will enable the results of such missions to be sustained; the training given should be able to cover the full range of police work and be directed at all levels. In the second function, the European Union police force is to substitute for local police notably where local structures are failing. A Kosovo-style complex crisis situation may thus involve three stages:
In substitution missions international police forces perform executive functions. Such functions can be carried out by all types of EU police forces. In some instances it may be necessary to rapidly deploy integrated, flexible and interoperable police units on the basis of cooperation among a number of Member States. Subject to their national rules and legislation, such police forces may be placed temporarily under the responsibility of the military authority entrusted with the protection of the population. With a view to reestablishing a functioning local police force as quickly as possible, the European Union will in parallel, wherever necessary, also provide support for police instruction, advice, assistance and training. 3. Capabilities required The two functions (strengthening of and substituting for local police forces) draw on all specialist policing techniques available in the Member States (NB: "police forces" here covers both police forces with civilian status and police forces with military status of the gendarmerie type). It has been found that European police forces have developed within their ranks a variety of skills, based on similar professional criteria, available for use at various stages of crisis management. More specifically, in assignments to strengthen local police, the spectrum of required capabilities covers, inter alia:
In accordance with the Feira recommendations, particular attention has been paid to enhancing the effectiveness of police missions by parallel efforts to strengthen and restore local judicial and penal systems. In this framework,
a database designed to record Member States' ability to make available
specialist judicial and penal staff has been compiled. Regularly updated
by the coordinating mechanism, it constitutes a first step in setting specific
targets in this area.
The following lines of approach emerged from proceedings: Work undertaken on strengthening civilian aspects of crisis management should be resolutely continued, so that the European Union can make more effective use of its civilian instruments for the objectives of conflict prevention and crisis management. The progress of work on policing capabilities now makes it possible to consider the third stage of the method decided on for achieving the specific target. This involves going on to put Member States' commitment into practice with a call for voluntary contributions, to be issued in the near future in accordance with procedures to be determined. Work should therefore continue identifying the capabilities required, particularly in qualitative terms, and specify requirements for the planning and conduct of European policing operations. The next Presidency, in liaison with the Secretary-General/High Representative, is called upon to put forward proposals for the purpose. For the rule of law, it has been agreed that it is now possible for the European Union to set specific targets in conjunction with the development of policing capabilities. Scenarios based on recent experience could therefore be considered in order to spell out the capabilities required, both in terms of Member States' resources and expertise within the European Union. Future work of the Committee for civilian aspects of crisis management should be informed by, inter alia, themes raised at the Seminar held on 25 October 2000. In both areas, the Commission and the coordinating mechanism established within the General Secretariat of the Council will continue to provide their input to work in hand. In the upcoming work of the Committee for Civilian Aspects of Crisis Management, coherence and coordination with ongoing work in other bodies on related areas have to be ensured. For strengthening civilian administration and civil protection, the European Union will have to continue its discussions, on the basis of the recommendations made by the European Council in Feira, with the aim of defining concrete targets and equipping the EU with suitable resources for it to cope effectively with complex political crises. Contributions of non-EU States to EU civilian crisis management operations, especially EU police missions, will be given favourable consideration, in accordance with modalities to be determined. Lastly, the
European Union will further develop its cooperation with the United Nations,
the OSCE and the Council of Europe, particularly in the light of the meeting
arranged with those organisations within the Committee for Civilian Aspects
of Crisis Management and the seminar on strengthening the rule of law.
The approach adopted at Helsinki makes the PSC the linchpin of the European security and defence policy (ESDP) and of the common foreign and security policy (CFSP): "The PSC will deal with all aspects of the CFSP, including the CESDP ". Without prejudice to Article 207 of the Treaty establishing the European Community, the PSC has a central role to play in the definition of and follow-up to the EU's response to a crisis. The PSC will deal with all the tasks defined in Article 25 of the TEU. It may convene in Political Director formation. After consulting the Presidency and without prejudice to Article 18 of the TEU, the Secretary-General/High Representative for the CFSP may chair the PSC, especially in the event of a crisis. 1. In particular the PSC will:
In a crisis
situation, close coordination between these bodies is especially necessary
and will be ensured in particular by:
The PSC exercises "political control and strategic direction" of the EU's military response to the crisis. To that end, on the basis of the opinions and recommendations of the Military Committee, it evaluates in particular the essential elements (strategic military options including the chain of command, operation concept, operation plan) to be submitted to the Council. The PSC plays a major role in enhancing consultations, in particular with NATO and the third States involved. On the basis of the proceedings of the PSC, the Secretary-General/High Representative directs the activities of the Situation Centre. The latter supports the PSC and provides it with intelligence in conditions appropriate to crisis management. The following arrangements will be put in place to enable the PSC to ensure full "political control and strategic direction" of a military crisis-management operation:
(EUMC)
1. Introduction At Helsinki, the European Council decided to establish within the Council, new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the EU Treaty, the Petersberg tasks. As provided in the Helsinki report, the European Union Military Committee (EUMC), established within the Council, is composed of the Chiefs of Defence (CHODs) represented by their military representatives (MILREPs). The EUMC meets at the level of CHODs as and when necessary. This Committee gives military advice and makes recommendations to the Political and Security Committee (PSC), as well as provides military direction to the European Union Military Staff (EUMS). The Chairman of the EUMC (CEUMC) attends meetings of the Council when decisions with defence implications are to be taken. The EUMC is the highest military body established within the Council. For this purpose, the Terms of Reference of the EUMC are outlined as follows: 2. Mission The EUMC is responsible for providing the PSC with military advice and recommendations on all military matters within the EU. It exercises military direction of all military activities within the EU framework. 3. Functions It is the source of military advice based on consensus. It is the forum for military consultation and co-operation between the EU Member States in the field of conflict prevention and crisis management. It provides
military advice and makes recommendations to the PSC, at the latter's request
or on its own initiative, acting within guidelines forwarded by the PSC,
particularly with regard to:
Upon the PSC's request, it issues an Initiating Directive to the Director Generalof the EUMS (DGEUMS) to draw up and present strategic military options. It evaluates the strategic military options developed by the EUMS and forwards them to the PSC together with its evaluation and military advice. On the basis
of the military option selected by the Council, it authorises an Initial
Planning Directive for the Operation Commander.
(b) During
an operation
The EUMC members sit or are represented in the Committee of Contributors. 4. Chairman of the EUMC (CEUMC) The EUMC has
a permanent Chairman whose responsibilities are described hereafter.
As the Chairman
of the EUMC, he:
· performs the function of military adviser to the SG/HR on all military matters, in particular, to ensure consistency within the EU Crisis Management Structure; The CEUMC is supported by his personal staff and assisted by the EUMS, especially regarding the administrative support within the General Secretariat of the Council.
The relations to be established between the EUMC and NATO military authorities are defined in the document on the EU/NATO permanent arrangements. The relations between the EUMC and the non-EU European NATO members and other countries, which are candidates for accession to the EU are defined in the document on the relations of the EU with third countries. The EUMC is
supported by a military working group (EUMCWG), by the EUMS and by other
departments and services, as appropriate.
(EUMS)
1. Introduction At Helsinki, the EU Member States decided to establish within the Council, new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the EU Treaty, the Petersberg tasks. As provided in the Helsinki report, the EUMS, "within the Council structures provides military expertise and support to the CESDP, including the conduct of EU-led military crisis management operations". For this purpose, the Terms of Reference of the European Union Military Staff (EUMS) are defined as follows : 2. Mission The Military Staff is to perform "early warning, situation assessment and strategic planning for Petersberg tasks including identification of European national and multinational forces" and to implement policies and decisions as directed by the European Union Military Committee (EUMC). 3. Role and Tasks
· drawing as appropriate on planning support from external sources which will analyse and further develop these options in more detail; · evaluating the results of this more detailed work and commissioning any further work that might be necessary; · presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC;
A ADMIN Administration Branch C CEUMC Chairman of the European Union Military Committee CIO CIMIC and Information Operations Branch CIS Communications and Information Systems Division CMC SPT Support to Chairman of the European Union Military Committee CON Concepts Branch CRM/COP Crisis Management/Current Operations Branch D DDG/COS Deputy Director General and Chief of Staff of the European Union Military Staff DGEUMS Director General of the European Union Military Staff E EUMC European Union Military Committee EUMS European Union Military Staff EXE Exercises Branch EX OFFICE Executive Office F FOR Force Preparedness Branch I INT Intelligence Division INT POL Intelligence Policy Branch ITS Information Technology and Security Branch L LEGAL Legal Adviser LOG Logistics Branch LOG/RES Logistics and Resources Division O OPS/EXE Operations and Exercises Division P PERS Personal Staff POL Policy Branch POL/PLS Policy and Plans Division POL/REQ Policy and Requirements Branch PRD Production Branch R REQ Requirements Branch RES/SPT Resources
Support Branch
NON-EU EUROPEAN NATO MEMBERS AND OTHER COUNTRIES WHICH ARE CANDIDATES FOR ACCESSION TO THE EU
I. Guiding principles: At Helsinki it was agreed that: With European NATO members who are not members of the EU and other countries who are candidates for accession to the EU, appropriate structures will be established for dialogue and information on issues related to security and defence policy and crisis management. In the event of a crisis, these structures will serve for consultation in the period leading up to a decision of the Council. Upon a decision by the Council to launch an operation, the non-EU European NATO members will participate if they so wish, in the event of an operation requiring recourse to NATO assets and capabilities. They will, on a decision by the Council, be invited to take part in operations where the EU does not use NATO assets. Other countries who are candidates for accession to the EU may also be invited by the Council to take part in EU-led operations once the Council has decided to launch such an operation. All the States that have confirmed their participation in an EU-led operation by deploying significant military forces will have the same rights and obligations as the EU participating Member States in the day-to-day conduct of such an operation. The decision
to end an operation will be taken by the Council after consultation between
the participating states within the committee of contributors.
Appropriate arrangements will be established for dialogue and information on issues related to security and defence policy and crisis management. There will be full respect for the decision-making autonomy of the EU and its single institutional framework. There will be a single, inclusive structure in which all the 15 countries concerned (the non-EU European NATO members and the candidates for accession to the EU) can enjoy the necessary dialogue, consultation and cooperation with the EU. There will, within this structure, be exchanges with the non-EU European NATO members where the subject matter requires it, such as on questions concerning the nature and functioning of EU-led operations using NATO assets and capabilities. On the basis of what was agreed at Helsinki and Feira, consultation procedures will, during normal periods, be based on the following elements: The frequency of and procedures for consultation will depend on requirements and should be guided by considerations of pragmatism and efficiency, with a minimum of two meetings in EU+15 format being held during each Presidency on ESDP matters and their possible implications for the countries concerned. Within this context, a minimum of two meetings will be held during each Presidency with the six non-EU European NATO members (EU+6 format). One ministerial meeting bringing together the 15 and the 6 countries will be held during each Presidency. The PSC will play a leading role in the implementation of these arrangements, which will also include a minimum of two meetings at Military Committee representative level, as well as exchanges at military experts level (in particular those concerning the establishment of capability objectives) which will continue in order to enable the non-EU European NATO members and other candidate countries to contribute to the process of enhancing European military capabilities; meetings of experts may be called on matters other than capabilities, such as, for example, in times of crisis, for information on the strategic options envisaged. These meetings will supplement those held as part of the CFSP enhanced political dialogue. This meeting schedule is indicative. Extra meetings may be organised if circumstances require. Each Presidency will submit the planned timetable of meetings for its term and the agendas. The States concerned may also submit proposals. Each third country may, if it so wishes, appoint a representative from its mission to the EU to follow the ESDP and act as an interlocutor with regard to the PSC. To facilitate the association of third countries wishing to be involved in EU military activities, they may appoint an officer accredited to the EU Military Staff who will serve as a contact. A minimum of two information meetings will be held during each Presidency for these officers from the 15 and the 6 countries, which could for example address the question of how the follow-up of crisis situations should be handled. In addition, specific liaison arrangements may be organised, particularly for the duration of NATO/EU exercises. These arrangements will be particularly important for the involvement of the 15 and the 6 in the development of the military capabilities available to the EU for EU-led operations. III. Arrangements during crisis periods: (A) Pre-operational
phase
When the possibility of an EU-led military crisis management operation is under consideration, the aim of these consultations, which could be held at politico-military experts level, will be to ensure that the countries potentially contributing to such an operation are informed of the EU's intentions, particularly with regard to the military options being envisaged. In this respect, once the EU begins to examine in depth an option requiring the use of NATO assets and capabilities, particular attention will be paid to consultation of the six non-EU European NATO members. (B) Operational
phase:
Once the Council has approved the operation concept, having taken into consideration the outcome of the consultation with third countries likely to take part in the operation, these countries will be formally invited to take part in the operation according to the arrangements agreed in Helsinki, i.e.: These exchanges will make it possible to establish the significant nature of the national contributions proposed and their suitability as regards the requirements of the EU-led operation. The countries concerned will confirm the level and quality of their national contribution at the Force Generation Conference, following which the operation will be formally launched and the Committee of Contributors established. (C) Committee
of Contributors
In this connection: All EU Member States are entitled to be present at the Committee's discussions irrespective of whether or not they are taking part in the operation, but only contributing States will take part in the day-to-day management of the operation. Non-EU European allies and candidate countries deploying significant military forces under an EU-led operation will have the same rights and obligations in terms of day-to-day management of the operation as EU Member States taking part in the operation. The work of the Committee of Contributors will be conducted without prejudice to consultations in the framework of the single structure including non-EU European NATO members and EU candidate countries. Depending on the nature of its tasks, the Committee may meet in the appropriate format. For Member States, it may be comprised of representatives on the PSC and on the Military Committee. It will usually be chaired by a representative of the Secretary-General/High Representative or the Presidency, assisted by the Chairman of the Military Committee or his Deputy. The Director of the Military Staff and the Operation Commander may also attend or be represented in the Committee. The Chairman will be responsible for conveying the outcome of the Committee's discussions to the PSC and to the Military Committee. The Committee
will be consulted by the Military Committee and the PSC on matters relating
to planning the end of the operation and the withdrawal of forces. Once
the operation is ended, the Committee of Contributors may be requested
to provide its assessment of the lessons drawn from the operation.
I. Guiding principles: As stated in the conclusions of the Helsinki European Council, the aim in relations between the EU and NATO is to ensure effective consultation, cooperation and transparency in determining the appropriate military response to crises, and to guarantee effective crisis management. At the Feira European Council it was decided to base consultations with NATO on the following principles:
Consultations and cooperation will be developed between the two organisations on questions of common interest relating to security, defence and crisis management, so that crises can be met with the most appropriate military response and effective crisis management ensured. II. Arrangements for consultation outside times of crisis 1. Regular dialogue will be established between the two organisations to ensure consultation, cooperation and transparency, in particular by holding meetings between the PSC and the North Atlantic Council (NAC) and ministerial meetings, at least once during each Presidency; either organisation may request additional meetings, for which it will propose a draft agenda. Meetings between the NATO and EU Military Committees may be held as required, at the request of either organisation, with at least one such meeting during each Presidency. These meetings will be held on the basis of specific agendas. There may also be meetings between subsidiary groups (such as the PCG( 6) and the PMG( 7), or Military Committee working parties), in the form of ad hoc EU/NATO groups (for example on capabilities) or expert groups along HTF Plus lines, when there is a need for NATO expertise on specific subjects. The organisational arrangements for these meetings will have to be agreed between the two organisations. 2. When necessary, and in particular where the capabilities and expertise of the Alliance are concerned, the dialogue will be supplemented by inviting NATO representatives to meetings, in accordance with the provisions of the TEU and on a basis of reciprocity. This will apply to the Secretary-General of NATO for ministerial meetings, in particular those attended by Defence Ministers; the Chairman of the NATO Military Committee for meetings of the Military Committee, and, in view of his responsibilities for the European pillar of NATO and his potential role in EU-led operations, DSACEUR( 8) for meetings of the Military Committee. 3. Regular contacts between the Secretaries-General, Secretariats and Military Staffs of the EU and NATO will also be a useful contribution to transparency and exchanges of information and documents. Under this heading there will be:
III. NATO/EU relations in times of crisis (A) In the emergency phase of a crisis contacts and meetings will be stepped up, including those at ministerial level if appropriate, so that, in the interests of transparency, consultation and cooperation, the two organisations can discuss their assessments of the crisis and how it may develop, together with any related security problems. At the request of the PSC, the EUMC will instruct the European Military Staff to determine and prioritise the strategic military options. Having determined the initial general options, the Staff may call on external planning sources, in particular the guaranteed access to NATO planning capabilities, to analyse and refine these options. This contribution will be evaluated by the EUMS, which may commission any additional work that may be necessary. Should the Union intend to look more closely at an option calling for predetermined NATO assets and capabilities, the PSC will so inform the NAC. (B) In the event of an operation calling on NATO assets and capabilities (see Appendix to this Annex)
Throughout the period in which the European Union conducts an operation without NATO assets, or if NATO conducts a crisis management operation, each organisation will keep the other informed of the general progress of the operation.
CONSULTATION AND COOPERATION ON THE IMPLEMENTATION OF PARAGRAPH 10 OF THE WASHINGTON COMMUNIQUE
On the basis of decisions adopted by the Alliance at the Washington Summit on 24 April 1999, the European Union suggests that the arrangements between the two organisations for the implementation of Berlin Plus should be as follows: (1) Guaranteed access to NATO's planning capabilities The European Union will have guaranteed permanent access ( 11) to NATO's planning capabilities:
Regarding the pre-identification of assets, work on pre-identifying the collective assets and capabilities of the Alliance which may be used for EU-led operations will be carried out by EU and Alliance experts and will be validated by a meeting of the Military Committees of the two organisations with a view to their approval under each organisation's specific procedures. If the EU should consider an in-depth study of a strategic option which calls for NATO assets and capabilities, the PSC will inform the NAC. In the event of an EU operation calling for NATO assets and capabilities, the following procedure for placing those pre-identified assets and capabilities at the disposal of the European Union will be established:
Discussions will take place between experts from the EU and the Alliance with a view to identifying a series of possible options for the choice of all or part of a chain of command (operation commanders, force commanders, unit commanders and associated Military Staff elements). These discussions will include developing the role of the DSACEUR to enable him to meet his European responsibilities fully and effectively. These discussions will be validated by a meeting of the Military Committees of the two organisations with a view to their approval under each organisation's specific procedures. ( 1) The Petersberg tasks include humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peacemaking. (Article 17(2) TEU). ( 2) Denmark drew attention to Protocol No 5 annexed to the Treaty of Amsterdam. ( 3) C3 = command, control and communications. ( 4) Defence Capabilities Initiative. ( 5) Preliminary definitions : Strategic planning : planning activities that start as soon as a crisis emerges and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options. Military strategic option : a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the operations commander and OHQ. ( 6) NATO Policy Coordination Group. ( 7) Politico-Military Group. ( 8) Deputy Supreme Allied Commander, Europe. ( 9) Policy Planning and Early Warning Unit. ( 10) Directorate-General for External Relations. ( 11) without
case-by-case NATO authorisation
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