Council Decision (CFSP) 2020/1639 of 5 November 2020 establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects

• Published date: 06 November 2020
• Subject Matter: Common foreign and security policy
• Official Gazette Publication: Official Journal of the European Union, L 371, 6 November 2020

6.11.2020 EN Official Journal of the European Union L 371/3

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COUNCIL DECISION (CFSP) 2020/1639

of 5 November 2020

establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, in particular Article 46(6) thereof,

Having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member States (1), in particular Article 4(2)(g) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1) On 14 November 2016, the Council adopted conclusions on implementing the EU Global Strategy in the area of security and defence, determining the Union level of ambition, in support of three strategic priorities identified in that Strategy: (a) responding to external conflicts and crises; (b) building the capacities of partners; and (c) protecting the Union and its citizens.

(2) In its conclusions on security and defence in the context of the EU Global Strategy, adopted on 19 November 2018, the Council further stated that by addressing Europe’s current and future security and defence needs, the Union will enhance its capacity to act as a security provider and its strategic autonomy, and strengthen its ability to cooperate with partners.

(3) The eleventh paragraph of Annex I to the Notification (2) on PESCO to the Council and to the High Representative of the Union for Foreign Affairs and Security Policy (‘the High Representative’), of 13 November 2017, specified that the more binding commitments must help to reach the level of ambition of the Union as defined in the Council conclusions of 14 November 2016, endorsed by the December 2016 European Council, and thus strengthen the strategic autonomy of both Europeans and the Union.

(4) On 11 December 2017, the Council adopted Decision (CFSP) 2017/2315.

(5) On 25 June 2018, the Council adopted Decision (CFSP) 2018/909 (3) establishing a common set of governance rules for PESCO projects.

(6) Point (g) of Article 4(2) of Decision (CFSP) 2017/2315 provides that the Council is to establish in due time, in accordance with Article 9(1) of that Decision, the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects.

(7) Article 9(1) of Decision (CFSP) 2017/2315 provides that the decision to be adopted by the Council on such general conditions may include a template for administrative arrangements with third States.

(8) Paragraph 2.2.1, last subparagraph, of Annex III to the Notification on PESCO to the Council and to the High Representative, which contained proposals for the governance of PESCO, specified that third States which may exceptionally be invited by project participants would need to provide substantial added value to the project, contribute to strengthening PESCO and the Common Security and Defence Policy (CSDP) and meet more demanding commitments. It also specified that inviting third States will not grant powers of decision to them in the governance of PESCO.

(9) Article 9(2) and (3) of Decision (CFSP) 2017/2315 provides that the Council shall decide in accordance with Article 46(6) of the Treaty on European Union (TEU) whether a third State, which the participating Member States taking part in a project wish to invite to take part in that project, meets the requirements set out in the present Decision, and that following a positive decision by the Council, the participating Member States taking part in a project may enter into administrative arrangements with the third State concerned for the purpose of its taking part in that project. Such arrangements must respect the procedures and the decision-making autonomy of the Union.

(10) There should be consistency between actions undertaken within the framework of PESCO and other CFSP actions and other Union policies.

(11) The participation of third States in a PESCO project does not imply that third-country entities will necessarily have access to the EU Defence Industrial Development Programme (EDIDP) or other relevant Union instruments.

(12) Paragraph 13 of the Council Recommendation of 6 March 2018 (4), concerning a roadmap for the implementation of PESCO, specified that the work to develop general conditions for exceptional participation by third States in individual projects should start as soon as the common set of governance rules for the projects and the sequencing of the fulfilment of commitments are in place.

(13) On 15 October 2018, the Council adopted a recommendation (5) concerning the sequencing of the fulfilment of the more binding commitments undertaken in the framework of PESCO and specifying more precise objectives.

(14) Support to PESCO by the European Defence Agency should be provided in accordance with Council Decision (CFSP) 2015/1835 (6).

(15) It is therefore appropriate to establish the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects,

HAS ADOPTED THIS DECISION:

Article 1

Purpose

This Decision lays down the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects.

Article 2

Invitation process

1. A third State may submit to the coordinator or coordinators of a PESCO project a request to participate in that project. Such request shall contain sufficiently detailed information on the reasons for participating in the project, as well as the scope and form of the proposed participation, in stages of the project if applicable, and shall substantiate the fulfilment of the general conditions set out in Article 3.

2. Upon receipt of such a request, the participating Member States taking part in the project (‘the project members’) shall assess, on the basis of the information provided by that third State, whether it complies with the general conditions set out in Article 3.

3. If the project members agree by unanimity:

(a) that they wish to invite the third State which submitted the request to participate in the project,

(b) on the scope, the form and, if applicable, the relevant stages of the participation of that third State, and

(c) that the third State complies with the general conditions set out in Article 3,

the coordinator or coordinators of the project, with the support of the PESCO Secretariat, shall notify the Council and the High Representative accordingly. Such notification shall also include the request submitted by the third State.

4. Based on the notification referred to in paragraph 3 of this Article, which includes the scope, the form and, if applicable, the relevant stages of the participation of the third State in the project, and following an opinion by the Political and Security Committee, the Council shall take a decision in accordance with Article 46(6) TEU and Article 9(2) of Decision (CFSP) 2017/2315 as to whether the participation of the third State in that project meets the conditions set out in Article 3 of this Decision.

5. Following a positive decision by the Council as referred to in paragraph 4, the coordinator or coordinators of the PESCO project shall send an invitation to participate in that...