Wednesday, 1 April 2009

 (In attachment-note original Date and when it was printed=March 2009) 

AGREEMENT

BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION CONCERNING THE STATUS OF MILITARY AND CIVILIAN STAFF SECONDED TO THE INSTITUTIONS OF THE EUROPEAN UNION, OF THE HEADQUARTERS AND FORCES WHICH MAY BE MADE AVAILABLE TO THE EUROPEAN UNION IN THE CONTEXT OF THE PREPARATION AND EXECUTION OF THE TASKS REFERRED TO IN ARTICLE 17(2) OF THE TREATY ON EUROPEAN UNION,1 INCLUDING EXERCISES, AND OF THE MILITARY AND CIVILIAN STAFF OF THE MEMBER STATES PUT AT THE DISPOSAL OF THE EUROPEAN UNION TO ACT IN THIS CONTEXT (EU SOFA)

PART I

PROVISIONS COMMON TO ALL MILITARY AND CIVILIAN STAFF

   19 pages altogether. please read.

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As I understand this, (ABOVE) this is absolutely against our Constitution.  Allowing a foreign force complete with weapons at a time when the British people are not allowed protection for themselves is contrary to our Declaration and Bill of Rights 1688/9 etc.   Even our own Standing Army in peace time has to have (or had to have) Permission from the British Crown. Did any of you know about this?  Did we have a referendum on it?  We know an EU Navy has set sail and is on Duty. 

This as it is from Statewatch

7. EU-UK: AGREEMENT ON MILITARY STAFF: Agreement between the Member States of the European Union concerning the status of military and civilian staff seconded to the institutions of the European Union, of the headquarters and forces which may be made available to the European Union in the context of the preparation and execution of tasks referred to in Article 17(2) of the Treaty on European Union, including exercises, and of the military and civilian staff of the Member States put at the disposal of the European Union to act in this context (EU SOFA):
http://www.statewatch.org/news/2009/mar/eu-uk-military-staff-agreement.pdf

including: "Military or civilian staff seconded to the EU institutions shall enjoy immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them in the exercise of their official functions; that immunity shall continue even after their secondment has ceased. The immunity referred to in this Article shall be granted in the interests of the EU, and not for the benefit of the staff concerned" - should there be a dispute this will be resolved by the Council of the European Union.

This below from Consolidated version of Treaty on European Union.

C 115/38 EN Official Journal of the European Union 9.5.2008

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0013:0045:EN:PDF

SECTION 2

PROVISIONS ON THE COMMON SECURITY AND DEFENCE POLICY

Article 42

(ex Article 17 TEU)

1. The common security and defence policy shall be an integral part of the common foreign and security policy. It shall provide the Union with an operational capacity drawing on civilian and military assets. The Union may use them on missions outside the Union for peace-keeping, conflict prevention and strengthening international security in accordance with the principles of the United Nations Charter. The performance of these tasks shall be undertaken using capabilities provided by the Member States.

2. The common security and defence policy shall include the progressive framing of a common Union defence policy. This will lead to a common defence, when the European Council, acting unanimously, so decides. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.

The policy of the Union in accordance with this Section shall not prejudice the specific character of the security and defence policy of certain Member States and shall respect the obligations of certain Member States, which see their common defence realised in the North Atlantic Treaty Organisation (NATO), under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework.

3. Member States shall make civilian and military capabilities available to the Union for the implementation of the common security and defence policy, to contribute to the objectives defined by the Council. Those Member States which together establish multinational forces may also make them available to the common security and defence policy.

Member States shall undertake progressively to improve their military capabilities. The Agency in the field of defence capabilities development, research, acquisition and armaments (hereinafter referred to as ‘the European Defence Agency’) shall identify operational requirements, shall promote measures to satisfy those requirements, shall contribute to identifying and, where appropriate, implementing any measure needed to strengthen the industrial and technological base of the defence sector, shall participate in defining a European capabilities and armaments policy, and shall assist the Council in evaluating the improvement of military capabilities.

4. Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate.

5. The Council may entrust the execution of a task, within the Union framework, to a group of Member States in order to protect the Union's values and serve its interests. The execution of such a task shall be governed by Article 44.

6. Those Member States whose military capabilities fulfil higher criteria and which have made more binding commitments to one another in this area with a view to the most demanding missions shall establish permanent structured cooperation within the Union framework. Such cooperation shall be governed by Article 46. It shall not affect the provisions of Article 43.

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 defence policy of certain Member States.

Commitments and cooperation in this area shall be consistent with commitments under the North Atlantic Treaty Organisation, which, for those States which are members of it, remains the foundation of their collective defence and the forum for its implementation.

9.5.2008 EN Official Journal of the European Union C 115/39

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0013:0045:EN:PDF           

This letter to the Editor of the Daily Mail wassent yesteray with the explanation to this dotted line below.  Ir was not printed of course.

Dear Editor

As my true allegiance is to our Queen (Crown) and this Country I cannot possibly accept any part of the Treaty of Lisbon particularly without it being put to the people. 
Should the people, in not knowing the full contents of this Treaty accept it, I cannot because I am now aware of its treacherous contents.  I therefore crave protection from our Sovereign Lady, Queen Elizabeth II.  Legislation that is coming forth from the EU at present is contrary to our Constitution and "Lisbon" would of course take precedence over our Constitution. (Forever)  According to R v Thistlewood 1820, to destroy the Constitution is Treason.   The Treaty of Lisbon can be withdrawn providing not all 27 Countries have ratified it, and it be put to the people. Anne Palmer. Full address  
 
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I am also aware that the Eurogendarmerie can enter this Country although we are not IN that organisation.  
I am also aware that the Eurogendarmerie can enter this Country although we are not IN that organisation.   Anne  See below,
 
I look at Article 5 of the Treaty of Velsen; “Eurogendfor (EGF) may be placed at the disposal of the European Union (EU) and also of the United Nations (UN), the Organisation for Security and Co-operation in Europe (OSCE), the North Atlantic Treaty Organisation (NATO) and other international organisations or an ad hoc coalition”. So basically Eurogendfor may be put into use anywhere that may be deemed a crisis situation by the EU, perhaps a country that objects to EU Treaties or Legislation, especially if the Lisbon Treaty is ratified, or perhaps NOT ratified?

Article 16 (2) Eurogendfor Personal may possess, carry and transport arms, ammunitions, other weapon systems and explosives on the conditions that they are authorised to do so by their orders and that they do so in accordance with the laws of the Host State (HOST means the Party on whose territory the permanent HQ is located) and the Receiving State (The Party on whose territory EGF Forces are stationed or in transit).

----- Original Message -----
Sent: Wednesday, February 04, 2009 12:41 PM
Subject: Could the EU invade Britain? Lessons from history

Note - quite recently the EU sought, or obtained, power to put armed forces into any EU member state, with or without the agreement of its government, as this comment points out. So the answer, as far as the EU is concerned, is clearly YES.

You have been warned

Idris

from Roger Helmer MEP

Could the EU invade Britain? Lessons from history

In recent months my historian colleague Rupert Matthews has been looking at the political and constitutional debates that took place in the USA in the build-up to the attempts by some states to secede from the Union – a move that sparked the American Civil War. He wondered how they look compared to the position of Britain and the EU today.  

In 1861 several states voted democratically to leave the USA. The Union government said that those votes had been held illegally, and resorted to war to keep the states within the Union. Roll forward to 2009, and look at the current EU. Could the EU deploy military forces to try to stop Britain seceding? The answer lies in the Treaty of Lisbon (aka the EU Constitution).  

First, the newly created High Representative of the Union for Foreign Affairs and Security Policy will also head the European Defence Agency (EDA) and have a right of initiative for proposing EU-led military operations. Second, Article 28b allows EU armed forces to be used to deal with any “crisis”. An event will be defined as a crisis by the Council and Commission. Article 28a allows the EU armed forces to be used to protect the strategic interests of the EU; again these are to be defined by the Council and Commission. Finally Article 188r allows armed forces to be deployed to any part of the EU without the agreement of the government of the member state in whose territory they are deployed.

 These provisions are scattered widely through the Treaty (probably deliberately), but taken together they create an EU armed force that can be deployed anywhere in the EU for any purpose decided upon by the EU Commission and Council.  Never mind getting Ireland to vote again – the tanks might be on the streets. Are we being unduly alarmist? Well maybe. So perhaps somebody could tell us why the EU wants these powers?

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Committee Debate, a snippet below

http://www.publications.parliament.uk/pa/cm200809/cmgeneral/deleg6/090120/90120s01.htm

Mr. Ainsworth: The other matter that will not be covered by either a NATO SOFA or a partnership for peace SOFA—it is probably a controversial matter for the hon. Gentleman—is ESDP activity in the United Kingdom. So there is a need for a separate EU SOFA to cover ESDP operations and activities in the UK.
Dr. Murrison: Perhaps the Minister could expand on that, because it is still not clear to me why the EU order is necessary, given that we only have one EU headquarters, working out of Northwood, and we have more or less established that that is covered by existing legislation, and the Irish element is covered by the Visiting Forces and International Headquarters (Application of Law) (Amendment) Order, which we do not oppose. Everything else is covered already or could easily be covered by simply making an Order in Council under section 1(2) of the 1952 Act, which allows the Minister to apply for that, and to add any number of countries to the remit of that Act. It is still not clear to me, other than for superstate building, why it is necessary to have the EU order.
Mr. Ainsworth: I think that the hon. Gentleman’s problem is that he objects, in the first place, to any agreement with the European Union. It is not a reason for him to say, “Well, there is only the one headquarters and therefore that could be covered.” There is one headquarters at the moment. I use that as an example, just to say to the hon. Gentleman that this is not a hypothetical situation. An ESDP is being run out of UK headquarters as we speak. That is not to say that there will not be something else at some time in the future. I know that that is anathema to the hon. Gentleman. But it is not anathema to the UK Government and it is not out of line with our agreements and obligations.
 

EU Defence Policy

Dr. Fox: To ask the Secretary of State for Defence how many UK (a) military personnel and (b) civilian staff were attached to the (i) European Union Military Staff, (ii) European Defence Agency, (iii) European Union Military Committee and (iv) other EU institutions in each month since September 2007. [210643]

Des Browne: In each month since September 2007, the following numbers of military personnel were seconded to the EU Military Staff in Brussels:

Number

September 2007

16

October 2007

17

November 2007

17

December 2007

17

January 2008

17

February 2008

17

March 2008

17

April 2008

18

May 2008

18


No MOD civilian staff have been seconded to the EU Military Staff in any month since September 2007.


16 Jun 2008 : Column 722W

In each month since September 2007, the following numbers of military personnel and MOD civilian staff were seconded to the European Defence Agency in Brussels:

Military Civilian

September 2007

1

4

October 2007

1

3

November 2007

1

3

December 2007

1

3

January 2008

2

3

February 2008

2

3

March 2008

2

3

April 2008

2

4

May 2008

2

4


The European Military Committee is a regular meeting of the Chiefs of Defence Staff or their representatives from the EU member states, not a standing EU structure. There has been one British military officer seconded as the Military Adviser to the permanent Chairman of the EU Military Committee in every month since September 2007.

There have been no military personnel seconded to other EU institutions in any month since September 2007.

In every month since September 2007 there has been one MOD civilian seconded to the European Council General Secretariat, one MOD civilian seconded to the European Commission and one MOD civilian seconded to the European Global Navigation Satellite System Supervisory Authority (GSA).

Mr. Hollobone: To ask the Secretary of State for Defence what the Government's policy is on the UK's participation in a standing EU armed force. [210948]

Des Browne: There is no standing EU armed force and there are no plans for one.

http://www.parliament.the-stationery-office.com/pa/cm200708/cmhansrd/cm080616/text/80616w0021.htm

Explanitory Memorandum  5 pages only on

http://www.opsi.gov.uk/si/si2008/draft/em/ukdsiem_9780110847214_en.pdf

Two paragraph's here from a shor debate in the Lord,

The third order, the European Union Military Staff (Immunities and Privileges) Order 2009, confers privileges and immunities on the European Union and its military staff, principally that staff shall enjoy immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties. It also provides that the official archives of the EU military staff and the EU are inviolable, in the same way that the archives of diplomatic missions are inviolable under the Vienna convention of 1961.

Once these orders have been made, Her Majesty’s Government will notify the Secretary-General of the Council of the European Union under Article 19(2) that they have completed their constitutional procedures for the ratification of the EU SOFA. There are no further notification requirements in respect of the NATO and PfP SOFAs. The orders simply bring the list of countries and headquarters up to date.

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3 pages  http://jsis.washington.edu/euc/brussels/08_2_Guardian_EuropeanHQ.pdf

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Research Papers

http://www.parliament.uk/commons/lib/research/rp2008/rp08-058.pdf

http://www.parliament.uk/commons/lib/research/rp2008/rp08-057.pdf From page 30.

http://www.parliament.uk/commons/lib/research/rp2008/rp08-056.pdf

EU SOFA

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1317687

 

EU Council agreement (11 pages)

http://www.army.cz/images/id_8001_9000/8438/023.pdf