欧盟Eurlex法规详细信息

(1)

Article 9(2) of Decision (CFSP) 2017/2315 provides that the Council is to decide in accordance with Article 46(6) of the Treaty 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 to be established by the Council.

(2)

On 6 March 2018, the Council adopted Decision (CFSP) 2018/340 (3). Article 1 of that Decision provides that a project entitled ‘Military Mobility’ (the ‘PESCO project Military Mobility’) is to be developed under PESCO by 24 project members, including the Netherlands as project coordinator.

(3)

On 5 November 2020, the Council adopted Decision (CFSP) 2020/1639, which established the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects. Article 2(4) of that Decision provides that, based on a notification by the coordinator or coordinators of a PESCO project, and following an opinion by the Political and Security Committee (PSC), the Council is to take a decision in accordance with Article 46(6) of the Treaty 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 Decision (CFSP) 2020/1639.

(4)

On 23 February 2021, the United States of America (‘the United States’) sent to the coordinator of the PESCO project Military Mobility its request for participation in that project, in accordance with Article 2(1) of Decision (CFSP) 2020/1639. The project members then assessed, on the basis of the information provided by the United States, whether it complies with the general conditions, in accordance with Article 2(2) of that Decision.

(5)

On 17 March 2021, the coordinator of the PESCO project Military Mobility notified the Council and the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 2(3) of Decision (CFSP) 2020/1639, that the project members of that project had unanimously agreed on that date that they wish to invite the United States to participate in that project. The project members also unanimously agreed on the scope, form and relevant stages of the United States’ participation in that project, and that the United States complies with the general conditions set out in Article 3 of that Decision.

(6)

On 30 March 2021, the PSC agreed on an opinion on the notification regarding the request by the United States to participate in the PESCO project Military Mobility. In particular, the PSC took note of the description of that project as provided in the notification, including its objectives, organisation and decision-making as well as its focus areas of work. The PSC also noted that no EU classified or sensitive information is shared within that project and that the project is not implemented with the support of the European Defence Agency within the meaning of Article 3(g) of Decision (CFSP) 2020/1639. Furthermore, the PSC noted that the PESCO project Military Mobility does not involve armament procurement, research and capability development, or the use and export of arms or capabilities and technology, and that it does not involves entities, investments, funding from PESCO participating Member States or requests for Union funding for project activities.

(7)

In its opinion, the PSC also agreed with the proposed scope, form and extent of the United States’ participation in the PESCO project Military Mobility as described in the notification. It acknowledged that the United States had expressed that it fully supports the scope of that project as defined in the notification.

(8)

In the same opinion, the PSC confirmed the view unanimously agreed by the project members of the PESCO project Military Mobility that the United States complies with the general conditions set out in Article 3 of Decision (CFSP) 2020/1639, as follows:

(9)

The PSC recommended in its opinion of 30 March 2021 that the Council take a positive decision as to whether the participation of the United States in the PESCO project Military Mobility meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639.

(10)

The Council should therefore decide that the participation of the United States in the PESCO project Military Mobility meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639. Subsequently, the project coordinator is to send an invitation to participate in that project to the United States, on behalf of the project members. The United States is to join that project on the date specified in the administrative arrangement to be entered into by the project members and the United States, in accordance with Article 2(7) of Decision (CFSP) 2020/1639, and is to have the rights and obligations determined in that arrangement, in accordance with Article 4(1) of that Decision. The Council is to exercise its oversight in accordance with Article 5(2) of Decision (CFSP) 2020/1639, and in the event of the circumstances referred to in Article 6(2) or (3) of that Decision the Council may take further decisions,