Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 42 and 45 thereof,

Whereas:

The European Defence Agency (hereinafter ‘the Agency’) was established by Council Joint Action 2004/551/CFSP^f1 (hereinafter ‘Joint Action 2004/551/CFSP’) to support the Council and Member States in their effort to improve the Union’s defence capabilities in the field of crisis management and to sustain the European Security and Defence Policy.

The European Security Strategy, endorsed by the European Council on 12 December 2003, identifies the establishment of a defence agency as an important element towards the development of more flexible and efficient European military resources.

The report on the implementation of the European Security Strategy of 11 December 2008 endorses the Agency’s leading role in the process of developing key defence capabilities for the Common Security and Defence Policy (CSDP).

Joint Action 2004/551/CFSP should be repealed and replaced in order to take into account the amendments to the Treaty on European Union (TEU) introduced by the Treaty of Lisbon.

Article 45 TEU provides for the adoption, by the Council, of a Decision defining the Agency’s statute, seat and operational rules, which should take account of the level of effective participation of the Member States in the Agency’s activities.

The Agency should contribute to the implementation of the Common Foreign and Security Policy (CFSP), in particular the CSDP.

The structure of the Agency should enable it to respond to the operational requirements of the Union and its Member States for the CSDP and, where necessary to fulfil its functions, to cooperate with third countries, organisations and entities.

The Agency should develop close working relations with existing arrangements, groupings and organisations, such as those established under the Letter of Intent Framework Agreement (hereinafter ‘LoI Framework Agreement’), as well as the Organisation Conjointe de Coopération en matière d’Armement (OCCAR) and the European Space Agency (ESA).

The High Representative of the Union for Foreign Affairs and Security Policy (HR), in accordance with Article 18(2) TEU, should have a leading role in the Agency’s structure and provide the essential link between the Agency and the Council.

In the exercise of its role of political supervision and policy-making, the Council should issue guidelines to the Agency.

In view of their nature, the adoption of the Financial Framework for the Agency, as referred to in Article 4(4), and the conclusion of administrative arrangements between the Agency and third countries, organisations and entities must be approved by the Council acting unanimously.

When adopting guidelines and decisions in relation to the work of the Agency, the Council should meet at the level of Defence Ministers.

Any guidelines or decisions adopted by the Council in relation with the Agency’s work should be prepared in accordance with Article 240 TFEU.

The competences of the Council’s preparatory and advisory bodies, in particular those of the Committee of Permanent Representatives under Article 240 TFEU, the Political and Security Committee (PSC) under Article 38 TEU and the EU Military Committee (EUMC) should remain unaffected.

The National Armaments Directors (NAD), Capability Directors, Research and Technology (R&T) Directors and Defence Policy Directors should receive reports and contribute on issues of their competence in preparation of Council decisions relating to the Agency.

The Agency should have the legal personality necessary to perform its functions and attain its objectives, while maintaining close links with the Council and fully respecting the responsibilities of the European Union and its institutions.

It should be provided that the budgets administered by the Agency may, on a case-by-case basis, receive contributions towards non-administrative costs, from the general budget of the European Union, in full respect of the rules, procedures and decision-making processes applicable to it, including Article 41(2) TEU.

The Agency, while being open to participation by all Member States, should also provide for the possibility of specific groups of Member States establishing ad hoc projects or programmes.

Subject to a Council decision on the establishment of permanent structured cooperation, in conformity with Articles 42(6) and 46 TEU and with Protocol (No 10) on permanent structured cooperation established by Article 42 TEU annexed to the TEU and to the TFEU, the Agency should support the implementation of permanent structured cooperation.

The Agency should have decision-making procedures allowing it to fulfil its tasks efficiently, while respecting the national security and defence policies of participating Member States.

The Agency should fulfil its mission in full respect of Article 40 TEU.

The Agency should act in full compliance with the Council’s security standards and rules.

In accordance with Article 5 of Protocol (No 22) on the position of Denmark, annexed to the TEU and to the TFEU, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark will therefore not be bound by this Decision,

HAS ADOPTED THIS DECISION: