EXTERNAL ACTION:
UNION TO ACT IN HARMONY WHEN THERE ARE
TERRORIST ATTACKS OR NATURAL DISASTERS,
WITH EU FOREIGN MINISTER DECIDING ON INTERVENTION
[ARTICLE 188R]
| AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community (Lisbon, 13 December 2007) |
Lisbon Treaty Article:
“176) The following new Title VII and new Article 188 R shall be inserted:
"TITLE VII SOLIDARITY CLAUSE
ARTICLE 188 R
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:
(a) – prevent the terrorist threat in the territory of the Member States;
– protect democratic institutions and the civilian population from any terrorist attack;
– assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;
(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or man-made disaster.
2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.
3. The arrangements for the implementation by the Union of the solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 15b(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.
For the purposes of this paragraph and without prejudice to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61 D; the two committees shall, if necessary, submit joint opinions.
4. The European Council shall regularly assess the threats facing the Union in order to enable the Union and its Member States to take effective action."
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 Member State has to provide assistance to a Member State affected by a human or natural disaster or by a terrorist attack. According to Article 188 R (1) “The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States” in order to prevent the terrorist threat in the territory of the Member States and to provide assistance to EU Member States in case of a terrorist attack or a natural or man-made disaster. Taking into account the inclusion in this provision of “prevent the terrorist threat in the territory of the Member States” the EU is likely to expand its involvement in combating terrorism. This new provision provides for a collective assistance between Member States and represents a step further towards an EU common defence clause. In this clause, the EU is duplicating NATO´s work.
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 Member State in question political authorities.
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 Member States to take effective action." Under this new provision each Member State is obliged to provide assistance to another Member State which is the object of a terrorist attack or the victim of natural or man-made disaster. The Article considers that the reaction to a terrorist attack or natural disaster is best taken at a European level; in actual fact, the proper solution must first be considered at the national level.
Highlighting mine above.==Anne
From another source http://www.lisbon-treaty.org/wcm/index2.php?option=com_content&do_pdf=1&id=510
Article 188r
1. The Union and its Member States shall act jointly in a spirit of solidarity if a Member State is the object of a terrorist attack or the victim of a natural or man-made disaster. The Union shall mobilise all the instruments at its disposal, including the military resources made available by the Member States, to:(a) – prevent the terrorist threat in the
territory of the Member States;– protect democratic institutions and the civilian population from any terrorist attack;– assist a Member State in its territory, at the request of its political authorities, in the event of a terrorist attack;(b) assist a Member State in its territory, at the request of its political authorities, in the event of a natural or manmade
disaster.2. Should a Member State be the object of a terrorist attack or the victim of a natural or man-made disaster, the other Member States shall assist it at the request of its political authorities. To that end, the Member States shall coordinate between themselves in the Council.3. The arrangements for the implementation by the Union of this solidarity clause shall be defined by a decision adopted by the Council acting on a joint proposal by the Commission and the High Representative of the Union for Foreign Affairs and Security Policy. The Council shall act in accordance with Article 15b(1) of the Treaty on European Union where this decision has defence implications. The European Parliament shall be informed.For the purposes of this paragraph and without prejudice to Article 207, the Council shall be assisted by the Political and Security Committee with the support of the structures developed in the context of the common security and defence policy and by the Committee referred to in Article 61d; the two committees shall, if necessary, submit joint opinions.4. The European Council shall regularly assess the threats facing the Union in order to enable the
Union and its Member States to take effective action.
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