Missions of Petersberg

The missions or tasks of Petersberg are a series of missions decided in 1992 with Petersberg (close to Bonn, in Germany), by the Member States of the Western European Union (UEO) to decide which actions of defense they could undertake together, in co-operation with the European Union (of which all the members of UEO form part) and with NATO. This concept was taken again by the European Union which included the 10 Member States of the UEO and gradually integrated in the corpus of treaties of the Union (since the Traité of Amsterdam: creation of a European staff, an agency of the armament, in particular). These mission also appear in the project of constitutional treaty where the purpose of they are to contribute to future a common defense .

Introduction

Once the the Treaty of Rome of 2004 ratified, the European political of safety and defense (PESD), from now on called the “ security policy and of common defense ” (PSDC), will continue to form integral part of the foreign Politics and common safety (PESC) of the European Union (EU). This policy includes the progressive definition of a common defense policy of the Union. Its objective is to lead to a common defense , since the European Council, ruling unanimously, will have decided some thus (I-41 article).

The fact that the military capacities of the Member States and their visions safety defense differ in a substantial way explains why the future Constitution contains provisions based on arrangements flexible and acceptable for all the Member States because respecting their orientations and their political commitments - and in particular the constitutional neutrality of three of them (the Ireland, the Finland and the Austria - which are not members of NATO). Moreover, the decision-making process as regards defense policy remains entirely subjected to the rule of the vote to the Unanimité.

However, the provisions of the treaty on the European Union (Treated of Maastricht, as modified by the Treated of Nice) as regards defense were substantially reinforced, on the one hand, by implementing provisions general concerning all the Member States and, on the other hand, by provisions making it possible a group of States more quickly to advance than the others on certain relative questions with safety and defense.

Measurements of general application

The new implementing provisions general relate to at the same time the updated of the tasks of Petersberg and the insertion of a clause of solidarity and of a clause of mutual defense .

On the one hand, the Constitution proceeds to the update of the missions of Petersberg enumerated in article 17, paragraph 2, of the treaty EU to which other missions such as the joint actions as regards Désarmement were added, missions of Conseil and military matter assistance, missions of Prévention of the conflicts and operations of stabilization at the end of the conflicts. The Constitution also specifies that all these missions can contribute to the fight against the Terrorisme (article III-309).

In addition, the I-43 article of the Constitution introduces a clause of solidarity according to which, if a Member State is the subject of an terrorist attack or a natural disaster or human origin, the other Member States carry assistance to him. In this case, the Union mobilizes all the instruments at its disposal, including the average soldiers placed at his disposal by the Member States, in order to carry help at the State concerned. That is added to the new provision as regards civil protection (article III-284).

Lastly, the article I-41, paragraph 7, of the Constitution founds a clause of mutual defense . It is about an obligation of mutual defense binding all the Member States (contrary to the suggestion of the European Convention to found a closer co-operation for this purpose). Under this obligation, if a Member State would be the object of an aggression armed on its territory, the other Member States carry to him assistance and assistance by all the means in their capacity. This obligation, which does not affect the Neutralité certain Member States, will be implemented in close cooperation with NATO (Organization of the treaty of the North Atlantic).

Co-operations between certain Member States

According to article III-310 of the Constitution, the the Council of Ministers can entrust the implementation of a military mission to a group of Member States which wish it and have the capacities necessary for such a mission. These Member States, in partnership with the future Foreign Minister of the Union, are appropriate between them of the management of the mission.

In addition, and in order to improve and to rationalize the military capacities of the Member States, the Constitution envisages the creation of a European agency in the field of the development of the capacities of defense, research, acquisitions and the armament. This agency bears the name of European Agence of defense and either of Agency of the armament, as the text of Convention proposed it. It is placed under the authority of the Council of Ministers and will be opened with all the Member States which wish to take part in it (article III-311). The statute, the seat and the procedure of this agency will be laid down by a European decision of the Council adopted in the majority qualified.

Non-existent into the treaty EU, the possibility of resorting to a permanent co-operation reinforced in the field of safety and defense is introduced by article III-312 of the Constitution. Indeed, this article lays down the possibility of setting up a permanent structured co-operation between the Member States which fill the criteria and subscribe to engagements as regards military capacities included in a protocol annexed to the Constitution. That unquestionably constitutes an major advance compared to the current provisions of the treaty EU relating to the PESC. The Member States which wish to take part in it must notify their intention with the Council and the Foreign Minister. Within three month, a European decision establishes this co-operation fixing in the majority qualified the list of the participating Member States. It is possible to adhere to it at a later stage and to even leave this co-operation. Moreover, a country can be suspended if the Council decides that it does not fill any more the criteria. Put aside the constitution of the group, its widening, its reduction or the suspension of a member, all the other decisions European or the recommendations of the Council within the framework of this co-operation are unanimously adopted participating States.

Financing of the defense policy

The Constitution maintains prohibition to put at the load of the general budget of the Union the expenditure relative to operations having military implications or in the field of defense. This expenditure remains with the load of the Member States according to the key of the rough national product. However, the Constitution envisages the adoption of a European decision by the Council guaranteeing an rapid access with the appropriations of the budget intended for the emergency financing for initiatives relating to the preparatory activities of the missions of Petersberg.

In addition, funds of launching made up of contributions of the Member States is instituted for the financing of the preparatory activities of the missions of Petersberg which are not dealt with by the general budget of the Union. The procedure of this funds is stopped by the Council of Ministers ruling in the majority qualified (article III-313).

See too

Text of the declaration of Petersberg

Random links: