{
  "url": "https://openlegislation.uk/eu-decision-2011-411/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2011-411/introduction.json",
  "legislation": "eudn/2011/411",
  "legislation_title": "Council Decision 2011/411/CFSP of 12 July 2011 defining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP",
  "legislation_url": "https://openlegislation.uk/eu-decision-2011-411",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision 2011/411/CFSP\nof 12 July 2011\ndefining the statute, seat and operational rules of the European Defence Agency and repealing Joint Action 2004/551/CFSP\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on European Union, and in particular Articles 42 and 45 thereof,\nWhereas:\n(1)\nThe European Defence Agency (hereinafter ‘the Agency’) was established by Council Joint Action 2004/551/CFSP (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.\n(2)\nThe 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.\n(3)\nThe 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key defence capabilities for the Common Security and Defence Policy (CSDP).\n(4)\nJoint Action 2004/551/CFSP should be repealed and replaced in order to take into account the amendments to the Treaty on European Union (TEU) introduced by the Treaty of Lisbon.\n(5)\nArticle 45 TEU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.\n(6)\nThe Agency should contribute to the implementation of the Common Foreign and Security Policy (CFSP), in particular the CSDP.\n(7)\nThe 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.\n(8)\nThe 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).\n(9)\nThe 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.\n(10)\nIn the exercise of its role of political supervision and policy-making, the Council should issue guidelines to the Agency.\n(11)\nIn 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.\n(12)\nWhen adopting guidelines and decisions in relation to the work of the Agency, the Council should meet at the level of Defence Ministers.\n(13)\nAny guidelines or decisions adopted by the Council in relation with the Agency’s work should be prepared in accordance with Article 240 TFEU.\n(14)\nThe 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.\n(15)\nThe 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.\n(16)\nThe 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.\n(17)\nIt 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.\n(18)\nThe 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.\n(19)\nSubject 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.\n(20)\nThe 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.\n(21)\nThe Agency should fulfil its mission in full respect of Article 40 TEU.\n(22)\nThe Agency should act in full compliance with the Council’s security standards and rules.\n(23)\nIn 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,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 245, 17.7.2004, p. 17."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2011/411/introduction",
    "retrieved_at": "2026-11-01T15:15:44.700843+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}