Cuesta Civís, Luis

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	 7	 Nação e DefesaT h e  N e w  I n s t i t u t i o n a l  M o d e l :I m p l i c a t i o n s  f o r  t h e  C o m m o nS e c u r i t y  a n d  D e f e n c e  P o l i c y *Luis Cuesta CivísSpanish Secretary General for Defence Policy2010N.º 127 – 5.ª Sériepp. 37‑44* Communication made at the International Seminar “Implications of the Lisbon Treaty on the European Defence Strategy and the Options for Portugal”, Instituto da Defesa Nacional, Lisboa, June 18th, 2010.	 9	 Nação e DefesaThe	 Spanish	 Presidency	 of	 the	 european	 Union	 has	 had	 the	 honour	 and	 the	responsibility of working under a new legal framework, the one offered by the Treaty of Lisbon. Time has come to take stock of the situation, so let me to share with	 you	 my	 general	 vision	 of	 the	 efforts	 made	 so	 far	 to	 fully	 implement	 and	consolidate	 the	 new	 structures	 and	 institutions,	 as	well	 as	 improve	 and	 develop	both	military	and	civilian	capabilities	of	the	cSdP.Two	years	and	a	half	now	since	it	was	signed	in	this	same	town	on	december	2007 and nearly seven months since it entered into force, the Lisbon Treaty contains a	number	of	important	changes	that	require	further	discussion	and	elaboration.It strengthens the capacity of the EU to speak with a single voice and to act as	a	 single	body	 in	 crisis	management	operations,	 in	areas	where	 threats	arise	 to	european	Security.In the institutional field the figures of the President of the European Council, the	 High	 Representative	 for	 common	 Foreign	 Affairs	 and	 Security	 Policy,	 the	european	external	Action	Service	and	the	tri‑Presidencies	constitute	new	relevant	elements	of	the	Treaty	in	an	attempt	to	offer	greater	coherence,	rationalising	eU’s	institutional	architecture.With	 respect	 to	 the	common	Security	and	defence	Policy	 i	would	emphasize	the	following:The	mutual	defence	clause	binds	all	Member	States	to	provide	aid	and	assistance	“by all means in their power” in	 the	event	of	another	Member	State	becoming	a	victim of armed aggression, without prejudicing the neutrality or relationship to NATO that some countries may enjoy.The	solidarity	clause	represents	a	new	legal	mechanism	of	assistance	between	Member States when one of them is the victim of a terrorist attack, natural or man‑made	 disaster.	 The	 eU	will	 mobilize	 all	 the	 instruments	 at	 its	 disposal,	including	military	resources,	 in	addition	 to	 the	provisions	established	on	civil	protection.Both	clauses	pose	important	innovations	that	promote	the	principles	of	solidarity	and	assistance	on	which	the	eU	is	based.	The	Lisbon	Treaty	also	lifts	the	ban	on	using	enhanced	cooperation	in	defence	matters. As you know, this mechanism, established by the treaties of Nice and Amsterdam,	 enables	 a	 group	 of	 willing	 states	 to	 deepen	 their	 cooperation.	 Any	such	group	of	states	would	put	its	request	to	develop	enhanced	cooperation	to	the	council	for	its	approval;	the	HR	and	the	commission	would	also	give	their	opinion	and	the	european	Parliament	would	be	informed.The	new	institutional	Model:	implications	for	the	common	Security	and	defence	PolicyNação e Defesa 40Specifically designed for the CSDP, the permanent structured cooperation is referred to as a flexible, unique and permanent measure, which, unlike enhanced cooperation,	does	not	 require	a	 threshold	of	participants	 to	proceed.	 its	 intention	is to provide, within the Union framework, an instrument of cooperation for those Member	 States	“whose military capabilities fulfill higher criteria and which have made more binding commitments to one another in this area, with a view to the most demanding missions”.From	an	operational	point	of	view	the	Lisbon	Treaty	also	 institutionalizes	 the	“implementation of a mission” by a group of Member States that are “willing and have the necessary capability for such a task” on behalf of the Union and “entrusted” by the council.	Trying	to	align	the	law	with	practice,	it	extends	the	scope	of	the	so‑called	Petersberg tasks to: “joint disarmament operations; military advice and assistance task, peace‑making and post‑conflict stabilisation; conflict prevention and post‑conflict stabilization missions” and also contribute to combating terrorism “in supporting third countries in their territories”.As	regards	to	capabilities,	the	Treaty	has	inserted	the	european	defence	Agency	within the legal framework of the CSDP, thereby reinforcing the leading role that the	Member	States	want	to	assign	the	Agency	in	pushing	forward	the	development	of	eU	operational	 capabilities	and	 the	eU	as	a	military	actor	on	 the	 international	scene.in	short,	the	Lisbon	Treaty	aims	to	create	an	enhanced	institutional	architecture,	and	to	offer	better	opportunities	for	strengthened	collective	action	that	will	enable	us to advance in the common project of developing a Common Security and Defence Policy	within	the	Union.in	 the	words	of	 the	Spanish	Minister	of	defence:	“the world needs Europe to be stronger than ever. That strong Europe – the Europe capable of taking decisions with efficiency and having weight in the world‑ should be more united and integrated in the fields of security and defence”. The	entry	into	force	of	the	Lisbon	Treaty	has	implied	a qualitative leap in the achievement of these objectives, and Spain has taken responsibility	for	putting	them	into	practice.We have assumed our role according to the new institutional framework in this first period of effectiveness for the Treaty, trying to establish an efficient collaboration model	and	balance	with	the	President	of	the	council	and	the	High	Representative	that	will	serve	as	a	point	of	reference	for	future	Presidencies.Spain wants to see a stronger and safer Europe, more able to make a joint defence commitment, not only to defend its member states, but to make the world a	fairer	place.Luis	cuesta	civís	 41	 Nação e DefesaWith	these	criteria,	a	number	of	priorities	were	established	for	our	Presidency	in the field of CSDP, grouped into three main areas of action: the institutional field, the development of capabilities, and the consolidation of a global approach to	crises	response.On	the	institutional	front,	Spain	raised	the	strengthening	of	the	formal	meetings	of Defence ministers from Member States, without breaking their links with the Foreign Affairs Council. This objective, broadly shared by member states, has finally been taken by the High Representative who will now summon the Ministers of defence	in	the	form	of	Foreign	Affairs	council,	for	the	purpose	of	discussing	and	autonomously	decide	on	matters	which	fall	within	its	exclusive	competence.In the development of capabilities, the Presidency has sought a clarification in one	of	the	most	important	changes	introduced	by	the	Lisbon	Treaty,	the	permanent	structured	 cooperation,1	 which	 has	 posed	 many	 questions	 on	 its	 purpose	 and	timeliness.	 With	 this	 aim,	 the	 debate	 has	 begun	 to	 determine	 entry	 criteria	 and	commitments	for	those	Member	States	that	would	gain	access	to	such	an	instrument.	This	initial	discussion	has	made	progress	toward	a	common	vision	of	the	Member	States	 and	 the	european	 institutions,	but	 there	 are	 still	 areas	of	uncertainty,	 so	 a	foreseeable long distance discussion process will have to be taken up by the next Presidencies.The	 search	 for	 synergies	 between	 civilian	 and	military	 capabilities2	 for	 crisis	management has been deepened, promoting and facilitating the task to develop a work plan and a road map to improve such synergies, including the rationalization and	the	facilitation	of	the	use	of	Battle	Groups.A	great	impulse	has	been	given	to	the	european	defence	Agency,4	supporting	the	efforts it has undertaken to improve the areas that have greater capability gaps, and promoting progress in its relationship with other European institutions in the field of	armaments.	in	relation	to	capability	shortfalls,	Spain	has	assumed	responsibility	for	 the	 completion	 in	 Saragossa	 of	 the	multinational	 training	 exercise	AZOR5	 for	 1 Workshop in Brussels on March 16th. 2 Seminar in Brussels on February 10th:	 “developing	 synergies	 between	 civilian	 and	 military	capabilities of the EU in crisis management”. 3 Workshop in Brussels on February 2nd, organised by the Joint Military Staff and Seminar on deployability	in	Seville	on	March	1st	and	2nd,	organised	by	the	european	Union	Military	Staff.	 4 Two workshops in Madrid: “European Structures of Cooperation in the field of Armament and Program Management” (February 15th	– 16th)	and	“State	of	the	process	of	restructuring	the	Defence Industry” (March 8th	–	9th). 5 Sponsored by EDA, from June 9th	 to	24th, 40 helicopters, 700 troops from 9 countries: Austria, Belgium,	czech	Republic,	italy,	Slovenia,	Sweden,	United	Kingdom,	Germany	and	Spain.	dVd	on June 17th	attended	by	eU	Ministers	of	defence.The	new	institutional	Model:	implications	for	the	common	Security	and	defence	PolicyNação e Defesa	 42helicopter crews in hot, desert and mountain environment, the first exercise of its kind conducted in the EU.The consolidation of a global approach to crisis response has been an objective of	particular	 interest.	Spain	strongly	believes	 that	achieving	a	more	balanced	and	coordinated relationship between the EU and NATO will benefit both organisations. To take advantage of the synergies that can be generated by the coincidence in time of	the	implementation	process	of	the	Lisbon	Treaty	and	nATO’s	Strategic	concept	review,	we	 have	 promoted	 a	 discussion6	 in	 search	 for	 improved	 collaboration	 in	theatres	where	both	organisations	are	present.	conclusions	made	so	far	show	a	range	of	promising	measures	to	be	explored	in	both	organisations	with	full	respect	for	their	own autonomy of decision (joint planning, access to training programs, coordination in	the	theatre,	exchange	of	lessons	learned	and	best	practices,	complementarities	in	the	development	of	capabilities,…)in	 the	maritime	 domain,7	 the	 Spanish	 Presidency	 has	 driven	 the	 search	 for	 a	global approach of the EU to security in these areas, which is a key element for the Maritime Policy to succeed. In that sense, Spain has raised definite proposals that have finally come down to a specific mandate of the Council to the High Representative,	 so	 as	 to	 constitute	 a	 group	 of	 experts	 to	 examine	 the	 options	 for	developing a “European Security Strategy for the Global Maritime Environment”. From	this	comprehensive	perspective	of	the	european	Union,	our	Presidency	has	decided	to	study	the	problem	of	piracy	off	the	coast	of	Somalia	from	a	new	angle,	launching	a	debate	from	the	point	of	view	of	the	three	main	european	institutions	of	 the	Union:	 the	council,	 the	commission	and	the	Parliament.	The	results	of	 the	Symposium on Piracy, which was held in Brussels last week, must now be analyzed in	detail	for	possible	implementation.The	participation	in	cSdP	of	third	countries	with	which	the	Union	shares	common	threats and risks is a way to complete this comprehensive approach. That is why Spain	 has	 promoted	 the	 mutual	 understanding	 between	 the	Member	 States	 and	the	countries	of	 the	southern	shore	of	 the	Mediterranean	Sea	 included	 in	 the	5+5	initiative,	through	their	participation	in	the	informal	meetings	of	defence	Ministers	(Évora, 2007). The dialogue in Palma de Majorca has enabled to show our partners an	initiative	endowed	with	a	great	potential	defence	dimension. 6 Meeting of the EU Defence Ministers in Palma de Majorca with NATO’s Secretary General Anders Fogh Rasmussen. Workshop in Madrid on June 2nd	 attended	 by	 foreign	 affairs	 and	defence officials from EU and NATO countries, think‑tanks and experts.  7 Seminar in Madrid on January 28th	 –	 29th	 “Maritime	 Policies	 for	 a	 prosperous	 and	 secure	Europe”.Luis	cuesta	civís	 4	 Nação e DefesaMissions	and	operations	for	crisis	management	have	been	of	paramount	interest	during	the	period	of	the	Presidency.Spain strongly supported from the outset every effort to deal with the earthquake in	Haiti.At	the	national	level	by	assuming	immediately	a	leading	position	in	the	sending	of	troops	(emergency	Military	Unit)	and	means	(transport	aircraft	of	the	Air	Force).	Later on, our Government decided to make an additional effort and launched the so called operation HISPANIOLA, comprising 450 troops aboard the amphibious assault	 ship	 "castilla",	 equipped	 with	 hospital	 and	 operating	 room	 on	 board,	 a	shipped	air	unit	with	4	helicopters	and	a	Marine	Tactical	Group.	For	three	months	(February	4th	to	May	4th)	the	Spanish	military	carried	out	their	mission	in	the	area	of	Petit Goave. Four military men lost their lives in a helicopter crash while fulfilling their	duty.As	 Presidency	 by	 supporting	 the	 establishment	 of	 a	 coordinating	 unit	 of	 the	EU in Brussels (EUCO Haiti) to efficiently manage the dire humanitarian situation.	After	 the	 lessons	 learned	 in	 the	participation	 of	 the	eU,	 Spain	has	 stimulated	 an	internal	debate	within	the	Member	States	on	improving	some	of	the	Union’s	crisis	management	 capabilities	 (such	 as	 the	 Battle	 Groups)	 in	 order	 to	 respond	 more	effectively	to	humanitarian	disasters.The effort on the involvement of the EU in the fight against piracy in the Indian Ocean has been definitely significant. At the request of the Spanish Presidency, Operation	 ATALAnTA	 has	 adopted	 a	 new	 operational	 pattern	 which	 affects	anti‑piracy	 operations,	with	 emphasis	 on	 close	monitoring	 of	 the	 logistics	 of	 the	pirates	and	the	interdiction	of	these	action	groups,	which	has	been	very	effective	in	reducing	the	threat.8	ATALAnTA	is	one	of	the	most	important	missions	combating	piracy	 on	 the	 ground	 and	 our	 country	 is	 fully	 committed	 to	 this	 operation9	 for	the sake of the safety of the fishermen operating in the area and of the entire international maritime traffic.in	words	of	the	Spanish	Minister	of	defence	the	european	Union	has	a	particular	responsibility	to	provide	“all the necessary means”	within	its	power	to	help	deal	with	the	root	causes	of	the	problem,	which	are	“on dry land”,	and	prevent	Somalia	and	 8 The number of attacks that result in kidnapping has been reduced by half (In one year we have gone	from	one	out	of	three	to	one	out	of	six). 9 Spain's Minister of Defence announced in the European Parliament on Thursday 10th	that	Spain	would	be	stepping	up	 its	contribution	 to	 the	ATALAnTA	mission	by	sending	a	Galicia	class	amphibious	assault	ship	and	an	ocean‑going	patrol	craft	 to	relieve	the	frigate	Victoria,	which	is	currently	 in	 the	region,	along	with	 the	P‑	Orion	surveillance	aircraft,	which	will	also	stay	in	the	area.The	new	institutional	Model:	implications	for	the	common	Security	and	defence	PolicyNação e Defesa	 44its	authorities,	which	are	“incapable of guaranteeing security in their own land",	from	being	held	“hostage by a group of criminals”.On	this	issue,	the	Spanish	Presidency	has	promoted	the	adoption	and	launch	of	a	training	mission	for	the	Somali	Security	Forces	(eUTM	–	Somalia).	This	mission,	which has already started work on the ground under the command of a Spanish officer, is essential for a comprehensive approach to the problem, and our country is acting as the framework nation, since it is providing the largest amount of troops, one‑third	of	the	total10.To	sum	up,	the	effort	made	by	the	Spanish	Presidency	on	cSdP	this	semester	is	reflected in the multiplicity of high‑level events conducted: two ministerial meetings; two meetings of directors for defence policy; ten workshops; a multinational training exercise	 plus	 the	 launching	 of	 two	 new	 operations	 and	 the	 improvement	 of	 the	pattern	of	an	already	existing	one.Spain	believes	that	the	political	weight	of	europe	is	also	measured	by	its	capacity	to project it through the necessary civilian and military structures and capabilities, so	as	to	effectively	act	in	the	new	international	scene	with	its	own	voice,	being	able	to	manage	crisis	there	where	threats	arise	to	our	security.We	have	been	fully	engaged	in	the	development	of	the	new	common	Security	and Defence Policy as a key instrument to extend the framework action of the EU on security issues, paving the way to take on its responsibilities in maintaining peace	and	stability,	and	in	the	construction	of	a	better	world.This	is	the	path	europe	is	starting	out	and	the	tools	that	the	Lisbon	Treaty	offers	in the area of security and defence will help us in this journey.10	 8	troops	out	of	141	from	14	eU	countries.	Luis	cuesta	civís

The new institutional model :implications for the Common Security and Defence Policy

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The new institutional model :implications for the Common Security and Defence Policy

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