Article 188R External Action AGREEMENT Cm 7572 European Communities No 2 (2009) http://www.statewatch.org/news/2009/mar/eu-uk-military-staff-agreement.pdf Official Journal of Journal of the European Union C 321/6. 31/12 2003 http://www.army.cz/images/id_8001_9000/8438/023.pdf New article 188R Explanation: Article 188 R is a new article which introduces a new and wide-ranging “solidarity clause” which compels the Member States to act together in the event of a natural disaster or a terrorist attack. The Lisbon Treaty introduces a "solidarity clause". Hence, the Union as well as each According to Article 188 R (2), in the case of a terrorist attack or natural or man made disaster, assistance will be provided only at the request of the Under Article 188 R (3) decisions on the implementation of the solidarity clause will be made by the Council on a joint proposal by the Commission and the High Representative. In taking such important decisions the Council will act by QMV. However, the Council will act by unanimity if a decision has defence implications. The European Parliament will be informed of such decisions. This new provision also provides that the Council will be assisted by the Political and Security Committee as well as by the standing committee, which will be established under Article 61 D and will focus on promoting and strengthening operational cooperation between authorities with responsibility for police and internal security. These two committees may submit joint opinions. Article 188 R (4) calls for the European Council to “regularly assess the threats facing the Union in order to enable the Union and its
Command Paper number : Cm 7572 [PDF 121k, new window]
Title of the Treaty
1. 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, 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).
2. The EU agreement on the Status of Forces (EU SOFA) concerns the legal status of military and civilian personnel seconded to the Military Staff of the European Union (EUMS). It also covers national headquarters and forces that may be used by the EU during an EU military or civilian exercise within the territory of the Union . It is intended that the EU SOFA will cover situations where other Status of Forces Agreements, notably the NATO Status of Forces Agreement (NATO SOFA), do not apply.
3. The Agreement sets out the legal provisions that will enable military and civilian personnel to carry out their duties. The Agreement is divided into three parts to deal with the different categories of people to which it applies:
- Part I sets out provisions that apply to all military and civilian staff covered by the EUSOFA. It includes the definition of military and civilian staff for the purposes of this Agreement. It sets out the rights of civilian and military staff to wear uniform, drive using licences issued by their own country and receive medical care. It also makes clear the obligation on personnel covered by this Agreement to respect the laws of their host state and to act in a way consistent with their position.
- Part II covers the military and civilian staff seconded to the EU institutions - principally the EUMS. Provisions of this part give such military and civilian staff, where authorised by their orders and subject to the national regulations of the receiving State, the right to possess and carry arms. Immunities from legal process enjoyed by these staff in respect of acts undertaken in the course of their official functions are also set out in this part.
- Part III covers headquarters and forces and the personnel within them. This sets out the rights of forces to secure their premises; inviolability of documents of headquarters; the arrangements for taxation; jurisdiction over military and civilian personnel; and arrangements for liabilities and claims.
- The final provisions of the Agreement are contained in Part IV, including the procedures for ratification and entry into force. Part IV also regulates which SOFA applies in a specific situation where there is ambiguity, for example, where forces on an EU operation make use of NATO assets and capabilities. Insofar as military and civilian staff at HQ and forces are concerned, the EU SOFA will only apply where those staff are not regulated by another agreement governing their status. This means that the NATO SOFA will apply wherever possible.
4. The Agreement was signed by all 15 EU Member States on 17 November 2003. On enlargement of the Union the new EU Member States also became party to the agreement.
5. The Secretary of State for Foreign and Commonwealth Affairs has lead responsibility for the European Security and Defence Policy. The Secretary of State for Defence has responsibility for military aspects and for the application of military law. The Chancellor of the Exchequer has responsibility for the tax exemption aspects. The Home Secretary has responsibility for the firearms and immigration aspects. The Home Office and the Department for International Development would also be involved for any crisis response operation involving military and civilian personnel under the EU SOFA within the territory of the EU.
Policy Considerations
General
6. The EU Status of Forces Agreement is important as it will establish the status of foreign military and civilian personnel participating in ESDP activities. It will allow members of the armed forces of other EU Member States to be deployed on UK soil in support of the command of EU operations or the conduct of training exercises. It will in turn enable UK Armed Forces when engaged in operations or exercises in EU Member States to enjoy the general immunities and privileges applying to domestic armed forces, with reciprocal arrangements for armed forces from those countries engaged in exercises in the UK.
7. The close consistency between the EU SOFA and the NATO SOFA means that the status of our forces should be the same whether an operation/exercise is led by NATO or by the EU.
Financial
8. There are no immediate financial implications of this Agreement. If the UK were to provide a headquarters for a future EU operation/exercise this Agreement would offer tax exemptions to personnel from other EU Member States working at this headquarters. This is intended to prevent double taxation of staff ordinarily resident in another EU Member State and does not change the right of a State to tax its own military and civilian staff.
Reservations and Declarations
9. None.
Implementation
10. The UK signed the EU SOFA on 17 November 2003. The Agreement will enter into force on the first day of the second month following ratification by the last of the EU Member States
Rt Hon ??? David Miliband MP
Secretary of State for Foreign and Commonwealth Affairs
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Who signs Treaties?
http://www.publications.parliament.uk/pa/ld200708/ldselect/ldeucom/184/184.pdf
Background to the Treaty
http://www.publications.parliament.uk/pa/cm200708/cmselect/cmdfence/107/107.pdf
1. The UK/US Defence Trade Cooperation Treaty was signed by former Prime Minister Blair and President Bush in June 2007 and published on 24 September 2007.1 The Treaty establishes a framework for defence trade cooperation between the United Kingdom and the United States of America.
2. In the UK, treaties are ratified by the Government under the Royal Prerogative, without requirement for parliamentary approval; but, by Government undertaking ("the Ponsonby rule"), treaties are laid before Parliament for 21 sitting days before ratification, to enable Parliament to consider and, if necessary, to comment on them. At our request, the Government agreed to extend the period available to Parliament to scrutinise this Treaty until 12 December 2007.
3. Since the 1990s, both Democrat and Republican Administrations have sought to reform the US arms export control system. The US Arms Export Control Act gives authority to the President to make regulations regarding the export and import of defence articles and services. The items so designated constitute the US Munitions List. The regulations are the International Traffic in Arms Regulations (ITAR), which cover the control of arms exports, the registration of manufacturers and exporters and the administrative procedures for obtaining licences to export.
And see how far things have progressed since 2003.
Take a look at this man's badge. Such a disgrace.........
Northwood MoD HQ.
http://www.youtube.com/watch?v=Hkn8yWuN-3Y&feature=channel
Monday, 11 May 2009
How easy it is to sew a badge on with the EU ring of stars, and how little of this operation has been debated in our Parliament.
Soon who will notice when ALL our forces wear the same badge?
When "engagements" become longer, soon the forces may even forget which Army, Air-Force they joined, and then little by little the uniform will change, not just the 'cap' but the jacket, then the trousers and then there will be an alteration in the ceremony etc.
Who will notice when there is so much going on in our Parliament?
goodness, what a time to make sure while our MP's-although they have done nothing WRONG and have been diligent in sticking to the rules, we might be tempted to say well guys, if this is what has become of our Parliament, let us go full hog into the EU?
These Members of Parliament have not only been crass enough to do this, they have done it at a time when about 75% of our laws are being instigated by the EU.
They have not reduced their intake of staff or themselves by numbers.
If Lisbon become active, just exactly what will be left for them to do?
They have even set up the EU Regions and staffed them for the EU.
There is indeed a way to fight for our Country, the first part I sent out was "Inspired by Magna Carta" in which I made clear it was only the first part.
This may be the time to write to the Queen once more, not to ask Her to dissolve this Parliament because I understand there is a great deal more to come out re expenses, but to ask for the withdrawal of the very constitutional Treaty of Lisbon because of the disreputable and underhand way it was ratified and the deep anger of the people in not only at the way the Government and MP's have behaved over their expenses, but they have done so when Her Majesty's people are not only losing their jobs, but their homes also, after perhaps a life-time of working hard to improve their way of life, while their alleged "betters" that the people have elected to speak on their behalf, have ignored their wishes and ratified a Treaty that will over-rule the wishes of Her Majesty's people time and time again. Her Majesty's Forces will come under the command of foreigners permanently, not in the way they work together in NATO, but through an Agreement and binding EU Directive shown below.
Do take time if you can to look at the youtube at the end of this and see and listen to the words of the Commander of the fleet sent to deal with the Pirates off Somalia.
These are only suggestions, I look and plan ahead and it is one step at a time although I am aware that time is running out. However, what is happening now just might nudge the Queen to act? I will try anything that is within the law and anything without violence.
It is time Magna Carta was put to use once more, and this is part two.
Ps please note that Sofa was signed in 2003 and actioned in March 2009. attachment is my workings out for an Article i was doing at the time.
Subject: SOFA
Between the EU Member States on EU Status of Forces
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