In 1992, the negotiators of the Maastricht Treaty were unable to reach definite conclusions about the EU's Common Foreign and Security Policy (CFSP). The break-up of the Soviet Union was having a big but still uncertain effect on the political situation in Europe. They decided to return to the issue in 1996, when perhaps the situation would be clearer. The foreign and security policy provisions of the Amsterdam Treaty are the result.
The scope for decision-making by qualified majority vote is enlarged somewhat from the existing situation; but, in the end, a Member State may block a decision. The Treaty provides for the "progressive" rather than "eventual" framing of a common defence policy, and the linked "possibility" of integration of the Western European Union (WEU) into the EU. It says that if the European Council (summit) were to decide on such a course of action, it shall recommend the adoption of the decision by the Member States "in accordance with their respective constitutional requirements".
The Treaty also provides for the WEU to carry out certain tasks on behalf of the EU: peace-keeping, humanitarian and rescue missions, and tasks of combat forces in crisis management including peace-making. Any Member State may participate, if it wishes to do so.
There are two institutional innovations: the secretary-general of the Council will become the High Representative of the CFSP; he/she will be assisted by a policy analysis unit.
Extracts from the Treaty:
Objectives:
to safeguard the common values, fundamental interests, independence and integrity of the Union in conformity with the principles of the United Nations Charter;
to strengthen the security of the Union in all ways;
to preserve peace and strengthen international security, in accordance with the principles of the United Nations Charter, as well as the principles of the Helsinki Final Act and the objectives of the Paris Charter, including those on external borders;
to promote international co-operation;
to develop and consolidate democracy and the rule of law, and respect for human rights and fundamental freedoms. (TEU, art 11)
Decision-making:
The European Council shall define the principles of and general guidelines for the common foreign and security policy, including for matters with defence implications. The European Council shall decide on common strategies to be implemented by the Union in areas where the Member States have important interests in common. (TEU, art 13)
The Council shall adopt joint actions. Joint actions shall address specific situations where operational action by the Union is deemed to be required. (TEU, art 14)
The Council shall adopt common positions. Common positions shall define the approach of the Union to a particular matter of a geographical or thematic nature. Member States shall ensure that their national policies conform to the common positions. (TEU, art 15)
Policy content: (TEU, art 17)
The common foreign and security policy shall include all questions relating to the security of the Union, including the progressive framing of a common defence policy, in accordance with the (following) paragraph, which might lead to a common defence, should the European Council so decide. It shall in that case recommend to the Member States the adoption of such a decision in accordance with their respective constitutional requirements.
The Western European Union (WEU) is an integral part of the development of the Union providing the Union with access to an operational capability notably in the context of (humanitarian and rescue tasks, peacekeeping tasks and tasks of combat forces in crisis management, including peace-making). It supports the Union in framing the defence aspects of the common foreign and security policy as set out in this Article. The Union shall accordingly foster closer institutional relations with the WEU with a view to the possibility of the integration of the WEU into the Union, should the European Council so decide. 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 Article 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 NATO, under the North Atlantic Treaty and be compatible with the common security and defence policy established within that framework.
The progressive framing of a common defence policy will be supported, as Member States consider appropriate, by co-operation between them in the field of armaments.
The Union will avail itself of the WEU to elaborate and implement decisions and actions of the Union which have defence implications....
When the Union avails itself of the WEU to elaborate and implement decisions of the Union on the tasks referred to (above) all Member States of the Union shall be entitled to participate fully in the tasks in question. The Council, in agreement with the institutions of the WEU, shall adopt the necessary practical arrangements to allow all Member States contributing to the tasks in question to participate fully and on an equal footing in planning and decision-taking in the WEU.
Decisions having defence implications dealt with under this paragraph shall be taken without prejudice to the policies and obligations ("the specific character of the security and defence policy ... and ... obligations of certain Member States") referred to ... (eg membership of NATO)
The provisions of this Article shall not prevent the development of closer co-operation between two or more Member States on a bilateral level, in the framework of the WEU and the Atlantic Alliance, provided such co-operation does not run counter to or impede that provided for in this Title.
The European Union shall draw up, together with the WEU, arrangements for enhanced co-operation between them, within a year from the entry into force of this Protocol. (Protocol no 1)
Articles 18 - 23
The Presidency shall represent the Union in matters coming within the common foreign and security policy. The Presidency shall be responsible for the implementation of common measures... The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy. ...
The Presidency shall consult the European Parliament on the main aspects and the basic choices of the common foreign and security policy and shall ensure that the views of the European Parliament are duly taken into consideration. The European Parliament shall be kept regularly informed by the Presidency and the Commission of the development of the Union's foreign and security policy.
(Abstention and veto): Decisions under this Title shall be taken by the Council acting unanimously. Abstentions by members present in person or represented shall not prevent the adoption of such decisions.
When abstaining in a vote, any member of the Council may qualify its abstention by making a formal declaration.... In that case, it shall not be obliged to apply the decision, but shall accept that the decision commits the Union. ... If the members of the Council qualifying their abstention in this way represent more than one third of the (weighted) votes ... the decision shall not be adopted. ...
If a member of the Council declares that, for important and stated reasons of national policy, it intends to oppose the adoption of a decision to be taken by qualified majority, a vote shall not be taken. The Council may, acting by a qualified majority, request that the matter be referred to the European Council for decision by unanimity.
The votes of the members of the Council shall be weighted in accordance with article 148(2) of the Treaty establishing the European Community. For their adoption, decisions shall require at least 62 votes in favour, cast by at least 10 members. This paragraph shall not apply to decisions having military or defence implications.
Views of the European Parliament:
Parliament considers that although the Amsterdam Treaty contains a number of institutional, budgetary and practical improvements in the area of the Common Foreign and Security Policy, it clearly fails to satisfy expectations... Parliament stresses, in particular, that the prospect of developing a common defence policy, in particular solidarity between the Member States in the face of threats to, and violations of, external frontiers, must be strengthened;
it welcomes the inclusion of the so-called Petersberg Tasks into the Treaty as an important step in the direction of a common European security policy equipped with operational capabilities provided by the Western European Union (WEU);
all the members of the new troika, including the Commission, must co-operate closely, in a spirit of trust and as equal partners, in order to achieve the goals of greater visibility, efficiency and coherence;
the policy planning and early warning unit must adopt a common Union perspective in the course of its work;
(Parliament) calls on the Member States to ensure that the possibility provided for in the Amsterdam Treaty in the context of foreign policy and of "closer co-operation" - of preventing a decision by a majority vote on the grounds of important national interests - be used as a brake only in dire emergencies;