John Gormley (Dublin South East, Green Party)
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Question 387: To ask the Minister for Foreign Affairs the meaning of the phrase more binding commitments to one another in this area with a view to the most demanding missions in Article 41.6 of the proposed EU constitution dealing with permanent structured co-operation; the form the term more binding commitments will take; and if he will make a statement on the matter. [19588/05]

John Gormley (Dublin South East, Green Party)
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Question 388: To ask the Minister for Foreign Affairs the sort of European decisions and recommendations of the Council within the framework of permanent structured co-operation which will be covered under Article III-312.6 of the proposed EU constitution; if these European decisions will include military missions; if military missions are not covered; the articles in the EU constitution which preclude military missions being included; and if he will make a statement on the matter. [19589/05]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 387 and 388 together.

Article I-41.6 of the European constitution provides for permanent structured co-operation among 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.

Article III-312 sets out the procedures governing the establishment and functioning of permanent structured co-operation and Protocol 23 sets out in broad terms its scope and the nature of the commitments which would be involved.

While the precise detail of these commitments has yet to be determined, it is clear from Protocol 23 that permanent structured co-operation relates to the development of defence capabilities and to more intense co-operation between participants in such areas as training, equipment and logistics. Specifically under Article 1 of Protocol 23, it would be open to all member states prepared to proceed more intensively to develop their defence capacities and which have the capacity by 2007 to participate in the battle groups rapid response elements initiative. They would also be required to make the kinds of undertaking related to capabilities development set out in Article 2 of this protocol. It is possible that the specific commitments made by member states would be tailored to reflect their expertise and experience in particular areas of capability development and crisis management.

In this way, permanent structured co-operation would allow the member states involved to improve their capacity to carry out the full range of Petersberg tasks, including the most demanding missions. Those member states involved in permanent structured co-operation could conceivably develop a capacity to carry out crisis management missions jointly. This would not, however, alter the requirement for the establishment and launching of an actual EU mission to be decided by the Council on the basis of a unanimous decision by all 25 member states, as explicitly stated in Article I-41.4. It would not in any way constrain the right of each member state to determine whether it wished to take part in a particular mission.

The decisions and recommendations referred to in Article III-312.6 relate to the management of permanent structured co-operation itself and would be taken unanimously by the participating member states. As outlined above, they could not involve a decision to establish a particular mission.