Today's Date:

France and Germany, in accordance with the Schwerin Summit declaration, wish to present the following proposals to the Convention:

1 – Tasks for the European Security and Defense Policy

The Treaty on European Union (TEU) makes provision for the ESDP to include "all questions related to the security of the Union, including the eventual framing of a common defence policy, which might in time lead to a common defence, should the European Council so decide".

We continue to support this prospect of a common defence since it reflects the solidarity of the values and interests which unite us, which is growing with the progress of the European enterprise and must be manifested in every sphere.

Our approach must enable us to respond to the current challenges. European Union member States are today confronted with multifaceted transnational threats which do not come solely from other States and are not all of a military nature.

To face up to these global threats, the EU must develop a comprehensive view of its security, involving the use of a wide range of means (judicial and police cooperation, economic and financial instruments, Civil Protection [used in EU sense, includes supporting and supplementing efforts at national, regional and local level with regard to disaster prevention, the preparedness of those responsible for Civil Protection and intervention in the event of disaster, etc.], and military capabilities). The concerted use of these instruments will enable the EU to ensure the security of its territory and peoples, and contribute to the stability of its strategic environment.

France and Germany are proposing to introduce a passage on "Solidarity and Common Security" in the new version of the Treaty – values – and to append to the Treaty a political declaration also entitled – "Solidarity and Common Security" – to identify every type of risk, including in particular that of terrorism, and the means to confront them. This declaration should, in line with the provisions of the first paragraph of Article 17 of the TEU, also provide for transforming the ESDP into a European Security and Defence Union which must also contribute to strengthening the Alliance's European pillar.

2 – Flexibility in the field of the European Security and Defence Policy

Our objective is to achieve greater flexibility, particularly in the decision-making processes. In principle it is desirable for all EU member States to participate. Nevertheless, there will be situations where all member States will not be prepared to participate in cooperation projects or be in a position to do so. In this case, those who desire to do so must be able to cooperate with a few others in the framework of the Treaty.

This is why it must also be possible to use the enhanced cooperation mechanism for the ESDP. This would allow a group of member States to develop an enhanced cooperation project which would be open to the rest of the member States or even to the whole EU and would simultaneously establish links with the European Union's existing institutions and policies.

This enhanced cooperation mechanism could be used by groups of States particularly in the spheres of:

- multinational forces with integrated command capabilities without prejudice to their use in the NATO framework,

- arms and capabilities – cf. points 3 and 4 –,

- management of human resources, training and development of common doctrines.

It would be necessary to define the appropriate terms and conditions for carrying out enhanced cooperation projects, in particular:

- the possibility of launching these projects by qualified majority decision,

- the guarantee of rapid decision-making processes – especially consideration of paragraph C of article 27 of the Nice Treaty on European Union –,

- the reduction of the minimum number of participants.

Moreover, use of other instruments allowing flexibility in the framework of the Treaty should also be considered for the EDSP.

Special rules should be set for using instruments of flexibility under the Treaty for launching and carrying out military operations. Here, unanimity should remain necessary, with the possibility of constructive abstentions.

France and Germany are proposing to include in the Treaty the possibility of using the enhanced cooperation mechanism for the ESDP in accordance with the above-mentioned terms and conditions.

France and Germany are proposing that member States which so wish transfer to the European Union the commitments to which they have subscribed in the WEU framework by using the enhanced cooperation mechanism.

3 – Development of military capabilities

In order to develop the ESDP and so achieve a Europe totally capable of acting, military capabilities must be strengthened. Going beyond the development of a European security-orientated culture, this requires improving the allocation of resources and stepping up the equipment effort of our armed forces.

To signal their commitment to do this, at a political level, member States which so wish should sign a protocol on the joint achievement of the European capability objectives.

France and Germany propose appending to the Treaty a protocol committing the States which so wish to undertake the necessary effort to improve their military capabilities and develop new forms of cooperation, particularly by harmonizing the planning of military needs, pooling capabilities and resources, and sharing out tasks.

France and Germany propose to include in the Treaty a reference to existing cooperation projects between member States in this field and to confirm these in an appended protocol as European Union projects which, if need be, will be carried out on the basis of enhanced cooperation – multinational forces and structures, certain aspects of the Letter of Intent (LoI) and the Organization for Joint cooperation in Armaments (OCCAR).

4 – Development of a European armaments policy

Our joint effort to improve our capabilities makes it necessary to improve the coordination of cooperation projects initiated in the armaments field and to strengthen the defence and technological and industrial base.

- In order to give the EU the requisite capabilities, it will be necessary to develop the harmonization of operational needs and planning for the future, and an armaments policy designed to: support and coordinate defence research and technology, strengthen the defence and technological and industrial base (DTIB) and eventually establish a European armaments market.

- It will also be necessary to define the means of satisfying these objectives:

. an intergovernmental framework for harmonizing the definition of military operational needs with a view to establishing a European planning capability;

. an intergovernmental framework, if necessary, setting up an agency, based on a progressively enlarged OCCAR, for the acquisition of equipment developed in the framework of multinational programmes;

. enhanced cooperation: for certain spheres of the LoI and OCCAR – security of supplies, organization of exports, processing of sensitive information; renunciation of industrial compensation and reciprocal opening-up of markets –; cf. point 2;

. an adaptation of the EU framework, including of article 296 of the TEC, to the specific nature of the armaments industry: for transit, security of information, intellectual property, customs tariffs and research – using for the last sphere framework programmes for research and development.

France and Germany propose to include in the treaty:

. the functions of a European armaments policy, including the progressive creation of a European armaments market, with the introduction of specific procedures, in particular an adaptation of article 296 of the TEC,

. the creation of a European Armaments Agency, if need be, using the enhanced cooperation mechanism./.