NATO AND THE EU

PAST, PRESENT AND FUTURE Federico Yaniz ATA Spain February 2013 NATO-EU relationship has been addressed many times in different forums. Nevertheless it is an open issue because those relations, formally established in the past, must be updated and reestablished in an active and formal way as soon as possible. Furthermore, it is necessary to establish and to enforce a clear division of labor between the two organizations. In the following minutes Im going to introduce the issue, to try to present a clear picture of the status of NATO-EU relations throughout the years and to make some comments about the future of the relationship between NATO and the Common Security and Defense Policy (CSDP) of the EU. 1. - NATO-EU RELATIONSHIP, AN OLD STORY The first steps and the Western European Union The Petersberg Tasks The Petersberg tasks were defined in June 1992 at a meeting1 of the Council of the WEU. They are:

Humanitarian and rescue tasks Peacekeeping tasks Tasks for combat forces in crisis management, including peacemaking

The range of tasks the EU commits itself to "includes" the above, but is not limited to them.

at the Hotel Petersberg, near Bonn, Germany,

ESDI The ESDI was to create a European 'pillar' within NATO, partly to allow European countries to act militarily where NATO wished not to, and partly to alleviate the United States' financial burden of maintaining military bases in Europe. The Berlin agreement allowed European countries (through the WEU) to use NATO assets if it so wished (this agreement was later amended to allow the European Union to conduct such missions, the so-called Berlin-plus arrangement). On October 2nd, 1997, the European Union incorporated the Petersberg tasks within its domain with the Amsterdam Treaty. The traditional British reluctance to such a plan changed into endorsement in the Joint Declaration on European Defense published after the Franco-British summit of French President Jacques Chirac and the British Prime Minister Tony Blair on the 4th December 1998 in Saint Malo. They stated there that "the Union must have the capacity for autonomous action, backed up by credible military forces, the means to decide to use them, and a readiness to do so, in order to respond to international crises". The Cologne European Council decided in June 1999 to incorporate the role of the WEU within the EU, eventually shutting down the WEU. The states party to the modified Treaty of Brussels decided to terminate the Treaty on 31 March 2010 and all remaining activities of the WEU were finished the 30th of June of 2011. Helsinki Headline Goal The Helsinki European Council in December 1999 made the first concrete step to enhance military capabilities, in line with the ESDP, when EU member states signed the Helsinki Headline Goal. They include the creation of a catalogue of forces, the 'Helsinki Force Catalogue', to be able to carry out the so-called Petersberg Tasks. In May 2004, EU defense ministers approved Headline Goal 2010, extending the timelines for the EU's projects.

Berlin Plus agreement At this point, some concerns were voiced about the character of an independent European security pillar and the danger that it might result in NATOs declining importance as a transatlantic forum. After Saint Malo, the former Secretary of State Madeleine Albright put forth the three famous Ds, which outline American expectations towards ESDP to this day: no duplication of what was done effectively under NATO, no decoupling from the US and NATO, and no discrimination against non-EU members such as Turkey. The Berlin Plus agreement was the short title given to a comprehensive package of agreements made between NATO and the EU on 16 December 2002. A comprehensive framework for NATO-EU relations was concluded on March 17, 2003 by the exchange of letters by EU High Representative Javier Solana and the Secretary General of NATO Mr. Robertson. That framework allows the EU to use NATO structures, mechanisms and assets to carry out military operations if NATO declines to act. Furthermore, an agreement has been signed on information sharing between the EU and NATO, and EU liaison cells are now in place at SHAPE (NATOs Operations Command) and NATOs Joint Force Command in Naples. A phrase that was often used to describe the relationship between the EU forces and NATO is "separable, but not separate", the same forces and capabilities form the basis of both EU and NATO efforts, but portions can be allocated to the European Union if necessary. The right of first refusal governs missions: the EU may only act if NATO first decides not to. 2. - THE STRATEGIC CONCEPT 2010 AND THE LISBON TREATY CONSOLIDATED VERSIONS OF THE TREATY OF THE EUROPEAN UNION AND THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION Signed on 13 December 2007 in Lisbon and which entered into force on 1 December 2009.

The Treaty of Lisbon renamed the ESDP to Common Security and Defense Policy2 (CSDP). The post of High Representative of the Union for Foreign Affairs and Security Policy has been created (superseding the High Representative for the Common Foreign and Security Policy and European Commissioner for External Relations and European Neighborhood Policy). Unanimous decisions in the Council of the European Union continue to instruct the EU foreign policy and CSDP matters became available to enhanced co-operation. The establishment of the Permanent Structured Cooperation (PESCO) for those states whose military capabilities fulfill higher criteria and which have made more binding commitments to one another (article 42.6 and article 46) presents a new approach for the implementation of the CSDP. SECTION 2 PROVISIONS ON THE COMMON SECURITY AND DEFENCE POLICY Article 42 (Ex - article 17 TEU) 7. If a Member State is the victim of armed aggression on its territory, the other Member States shall have towards it an obligation of aid and assistance by all the means in their power, in accordance with Article 51 of the United Nations Charter. This shall not prejudice the specific character of the security and defense policy of certain Member States. Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organization, which, for those States which are members of it, remains the foundation of their collective defense and the forum for its implementation.

STRATEGIC CONCEPT for the Defense and Security of the Members of the North Atlantic Treaty Organization. Adopted by Heads of State and Government at the NATO Summit in Lisbon. 19-20 November 2010.

As an integral part of the common foreign and security policy (CFSP)

32. An active and effective European Union contributes to the overall security of the Euro-Atlantic area. Therefore the EU is a unique and essential partner for NATO. The two organizations share a majority of members, and all members of both organizations share common values. NATO recognizes the importance of a stronger and more capable European defense. We welcome the entry into force of the Lisbon Treaty, which provides a framework for strengthening the EUs capacities to address common security challenges. Non-EU Allies make a significant contribution to these efforts. For the strategic partnership between NATO and the EU, their fullest involvement in these efforts is essential. NATO and the EU can and should play complementary and mutually reinforcing roles in supporting international peace and security. We are determined to make our contribution to create more favorable circumstances through which we will: fully strengthen the strategic partnership with the EU, in the spirit of full mutual openness, transparency, complementarity and respect for the autonomy and institutional integrity of both organizations; enhance our practical cooperation in operations throughout the crisis spectrum, from coordinated planning to mutual support in the field; broaden our political consultations to include all issues of common concern, in order to share assessments and perspectives; cooperate more fully in capability development, to minimize duplication and maximize cost effectiveness.

3. - THE CHICAGO SUMMIT AND THE EUROPEAN COUNCIL THE CHICAGO SUMMIT DECLARATION Paragraph 20 in the Chicago Summit Declaration is dedicated to NATO-EU relations. There are some statements that can be considered very significant. 20. NATO and the EU share common values and strategic interests. The EU is a unique and essential partner for NATO. Fully strengthening this strategic

partnership, as agreed by our two organizations and enshrined in the Strategic Concept, is particularly important in the current environment of austerity. NATO and the EU should continue to work to enhance practical cooperation in operations, broaden political consultations, and cooperate more fully in capability development. NATO and the EU are working side by side in crisis management operations , in a spirit of mutual reinforcement, and in particular in Afghanistan, Kosovo and fighting piracy. NATO recognizes the importance of a stronger and more capable European defense. NATO also recognizes non-EU Allies ongoing concerns and their significant contributions to strengthening the EUs capacities to address common security challenges. For the strategic partnership between NATO and the EU, non-EU Allies fullest involvement in these efforts is essential. In this context, NATO will work closely with the EU, as agreed, to ensure that our Smart Defense and the EUs Pooling and Sharing initiatives are complementary and mutually reinforcing; we welcome the efforts of the EU, in particular in the areas of air-to-air refueling, medical support, maritime surveillance and training. We also welcome the national efforts in these and other areas by European Allies and Partners. We also encourage the Secretary General to continue his dialogue with the EU High Representative with a view to making our cooperation more effective, and to report to the Council in time for the next Summit. EUROPEAN COUNCILS EUROPEAN COUNCIL 11/12 DECEMBER 2008 PRESIDENCY CONCLUSIONS

DECLARATION

BY

THE

EUROPEAN

COUNCIL

ON

THE

ENHACEMENT OF THE EUROPEAN SECURITY AND DEFENCE POLICY (ESDP)

Europe should actually be capable, in the years ahead, in the framework of the level of ambition established, inter alia of deploying 60 000 men in 60 days for a major operation, within the range of operations envisaged within the headline goal for 2010 and within the civilian headline goal for 2010, of planning and conducting simultaneously:

 two major stabilization and reconstruction operations, with a suitable civilian component, supported by a maximum of 10 000 men for at least two years; two rapid response operations of limited duration using inter alia the EU's battle groups; an emergency operation for the evacuation of European nationals (in less than ten days), bearing in mind the primary role of each Member State as regards its nationals and making use of the consular lead State concept; a maritime or air surveillance/interdiction mission; a civilian-military humanitarian assistance operation lasting up to 90 days; around a dozen ESDP civilian missions (inter alia police, rule of law, civil administration, civil protection, security sector reform and observation missions) of varying formats, inter alia in a rapid reaction situation, including a major mission (possibly up to 3 000 experts), which could last several years. For its operations and missions, the European Union uses, in an appropriate manner and in accordance with its procedures, the resources and capabilities of Member States, of the European Union and, if appropriate for its military operations, of NATO. EUROPEAN COUNCIL 13/14 DECEMBER 2012 PRESIDENCY CONCLUSIONS The meeting of the European Council that took place the 12 and 13 of December 2013 in Brussels was a very significance step for the future of the CSDP.

20. The European Council recalls its conclusions of December 2008 and notes that in today's changing world the European Union has been called upon to assume increased responsibilities in the maintenance of international peace and security in order to guarantee the security of its citizens and the promotion of its interests.

23. The European Council invites the High Representative, notably through the European External Action Service and the European Defense Agency, as well as the Commission, all acting in accordance with their respective responsibilities and cooperating closely as required, to develop further proposals and actions to

strengthen CSDP and improve the availability of the required civilian and military capabilities, and to report on such initiatives, at the latest by September 2013, with a view to the December 2013 European Council. Member States will be closely involved throughout this process.

24. To that end, the European Council underlines i.e. the following issues: Enhance the development of defense capabilities by facilitating synergies between bilateral, sub-regional, European and

multilateral initiatives, including the EU's "pooling and sharing" and NATO's "smart defense".

25. The European Council will in December 2013 review progress achieved in pursuing these goals, assess the situation and, on the basis of recommendations by its President, provide guidance, including by setting priorities and timelines, to ensure the effectiveness of EU efforts aimed at meeting Europe's security responsibilities.

4. -THE WAY AHEAD CSDP DEVELOPMENTS Throughout the years the EU has created and consolidated some organizations and bodies related with Defense and Security matters. Some of the European defense organizations are:

European Defense Agency Helsinki Headline Goal European Gendarmerie Force European Union battle groups European Union Institute for Security Studies (EUISS)

The following permanent political and military bodies were established after the approval of the European Council. Political and Security Committee or PSC

European Union Military Committee or EUMC European Union Military Staff or EUMS
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Committee for Civilian Aspects of Crisis Management or CIVCOM European Union Satellite Centre

Furthermore the CSDP has strongly facilitated the European External Action Service From 1 January 2007, the EU Operations Centre began work in Brussels. It can command a limited size force of about 2000 troops (e.g. a battle group). On the 23 March 2012 the Foreign Affairs Council decided to activate, for the first time, the EU Operations Centre to increase synergies between the three CSDP missions in the Horn of Africa: EUNAVFOR Operation ATALANTA; EUTM Somalia and the new civilian mission to strengthen maritime capabilities in the region RMCB. In addition to the EU center, 5 national operational headquarters have been made available for use by the Union; Mont Valrien in Paris, Northwood in London, Potsdam, Centocelle in Rome and Larissa. For example, Operation Artemis used Mont Valrien as its OHQ and EUFOR's DR Congo operation uses Potsdam. The EU can also use NATO capabilities. We can say that, the ESDI is being revived. Unlike the original concept, however, which saw the European pillar as a mere technical platform firmly anchored in NATO, the new ESDI Plus is anchored outside the Alliance and receives its strategic guidance from the EU. Therefore, we can call it the CSDP.

SOME DIFFICULTIES Without entering into details, one must recognize that there are some obstacles to establishing a permanent, sincere and fruitful cooperation between NATO and the CSDP of the EU. Some of these obstacles are: Cyprus which is not a member of NATO and NATOs Partnership for Peace (PfP) program does not have a security agreement with NATO Sometimes there is a lack of good communication between NATO and the EU. One example is that on occasion of the first autonomous military mission launched by the EU to Congo in June 2003. The move came after a UNSC resolution, and NATO was not consulted prior to the launching of Operation Artemis.

The third reason for difficulties in NATO-EU relations lies with the EU itself. The internal debate on the future of the ESDP (now CSDP) is not over, The Permanent Structured Cooperation (PESCO) initiative or tool offered by the Lisbon Treaty (art.42.6 and art. 46) had no real champion and as soon as in the summer of 2010 the opportunities offered by PESCO were, at least for the time being, abandoned. The main post-Lisbon Treaty initiative was a bilateral one, in line with the focus of the October 2010 UKs Strategic Defense and Security Review. On 2 December 2010, at the Lancaster House summit, France and the UK signed two treaties on defense and security cooperation. As a matter of fact, the Lancaster House meeting looked more like St-Malo in reverse, aimed at bilateral rather than European cooperation. Former SG Jaap de Hoop Scheffer gave a Key note speech in Berlin the 29 January 2007. In that occasion he said: How do NATO-EU relations stand? Let me answer that by means of a little anecdote. A few weeks ago, one of my staff told me he had been invited to a conference on "frozen conflicts". And then he added with a smile: "Of course it's about the Caucasus, not about NATO-EU relations! In my view there are two reasons for this situation. The first is the wellknown differences of opinion that arise from the differing memberships of NATO and the EU. This leads to formal wrangles over security agreements, the exchange of information or the format of meetings. We have been able to circumvent many of these hurdles through informal procedures. But if those who put up these hurdles do not display more responsibility and flexibility, it will continue to place a heavy burden on NATO-EU relations. There is however a second reason for the current weakness of NATO-EU relations and this reason seems to me to be even more important than the dispute over formalities. Some deliberately want to keep NATO and the EU at a distance from one another. For this school of thought, a closer relationship between NATO and the EU means excessive influence for the USA. Perhaps they are afraid
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that the European Security and Defense Policy is still too new and too vulnerable for a partnership with NATO. And time and again I hear the argument that the EU is a superior form of an institution compared to the purely intergovernmental NATO, for which reason the very idea of a strategic partnership between the two is misguided. NOW OR NEVER Without ignoring the difficulties we have seen in the long lasting NATO-EU relationship I feel that the conclusion of this analysis have to be a positive one. As USA Ambassador to NATO Victoria Nulands declared in a speech in Paris in 2008: Europe needs, the United States needs, NATO needs, the democratic world needs a stronger, more capable European capacity. NATOs Strategic Concept, adopted at Lisbon in November 2010, commits the Alliance to prevent crises, manage conflicts and stabilize post-conflict situations, including by working more closely with NATOs international partners, most importantly its strategic partner the European Union. As we have seen, the NATO Strategic Concept clearly states that an active and effective European Union contributes to the overall security of the Euro-Atlantic area. Therefore the EU is a unique and essential partner for NATO. The two organizations share a majority of members (21), and all members of both organizations share common values. NATO recognizes the importance of a stronger and more capable European defense. The entry into force of the European Unions Lisbon Treaty provides a framework for strengthening the EUs capacities to address common security challenges. Non-EU European Allies make a significant contribution to these efforts. For the strategic partnership between NATO and the EU, their fullest involvement in these efforts is essential. The European Council meeting that took place on the 12th and 13th of December 2013 in Brussels recalls that CSDP missions and operations should be carried out in close cooperation with other relevant international actors, such as the UN, NATO, the OSCE and the African Union, as well as partner countries, as called for in each specific situation. The European Council also underlines the need to

increase the effectiveness, visibility and impact of CSDP by facilitating synergies between bilateral, sub-regional, European and multilateral initiatives, including the EU's "pooling and sharing" and NATO's "smart defense". The initiative of NATOs Transformation Command, known as the Framework For Collaborative Interaction (FFCI), is on the right direction to ensure that pooling and sharing and smart defense are developing in a coordinated way.

A very significant and important development is that the European Council of December 2012 invited the High Representative, notably through the European External Action Service and the European Defense Agency as well as the Commission, to develop further proposals and actions to strengthen CSDP and improve the availability of the required civilian and military capabilities, and to report on such initiatives, at the latest by September 2013, with a view to the December 2013 European Council. Member States will be closely involved throughout this process.

In this context, the Secretary General has engaged actively with his EU counterparts. At present the preconditions to find a solution to the standby situation of NATO-EU relations are on the table. Let us hope that a proper arrangement is found for the benefit of European Union and NATO member countries citizens.

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