Foreign and security policy — the role of the Council and the European Council

SUMMARY OF:

Treaty on European Union — Article 15

Treaty on European Union — Article 21

Treaty on European Union — Article 26

Decision 2001/78/CFSP — setting up the Political and Security Committee

Decision 2001/79/CFSP — setting up the Military Committee of the European Union

Decision 2000/354/CFSP — setting up a Committee for civilian aspects of crisis management

Decision 2009/908/EU — laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council

WHAT IS THE AIM OF THE ARTICLES AND DECISIONS?

The treaty articles set out the roles of the European Council and the Council of the European Union (Council) in the EU’s common foreign and security policy (CFSP), which includes the common security and defence policy.
The decisions provide the legal bases for setting up some of the Council’s main committees and preparatory bodies dealing with foreign and security policy, and set out how these are chaired.

KEY POINTS

The roles of the European Council and Council within the CFSP are defined by Article 26:

the European Council sets the overall political direction and establishes priorities;
the Council defines and implements those priorities.

European Council

Article 26 requires the European Council to
- identify the EU’s strategic interests;
- set out the objectives of and general guidelines for CFSP, including for defence matters;
- adopt the necessary relevant decisions.
These guidelines and objectives are based on EU external action’s principles and its goals set out in Article 21, which include:
- safeguarding EU values, fundamental interests, security, independence and integrity;
- consolidating and supporting democracy, the rule of law and human rights;
- preserving peace, preventing conflicts and strengthening international security;
- promoting an international system based on stronger multilateral cooperation and good global governance.
The EU’s core interests and principles are currently set out in the EU’s Global Strategy for foreign and security policy.
The President of the European Council represents the EU internationally in matters concerning CFSP at the level of Heads of State and/or Government, without any effect on the powers of the High Representative of the Union for Foreign Affairs and Security Policy.
The High Representative takes part in the work of the European Council.

Council

When it sets out and implements the guidelines of the European Council, the Council must ensure that EU action is united, consistent and effective.
The EU Foreign Affairs Council (FAC) is chaired by the High Representative.
A number of committees and preparatory bodies support the work of the FAC, including:
- the Political and Security Committee;
- the Military Committee;
- the Committee for Civilian Aspects of Crisis Management (known as CivCom);
- CFSP working parties.
The European External Action Service, created under Council Decision 2010/427/EU following the entry into force of the Lisbon Treaty (see summary), assists the Council in implementing the CFSP.

FROM WHEN DO THE ARTICLES AND DECISIONS APPLY?

The articles have applied since the entry into force of the Lisbon Treaty on 1 December 2009.
Decision 2001/78/CFSP has applied since 22 January 2001.
Decision 2001/79/CFSP has applied since 11 June 2001.
Decision 2000/354/CFSP has applied since 22 May 2000.
Decision 2009/908/EU has applied since 1 December 2009.

BACKGROUND

For more information, see:

MAIN DOCUMENTS

Consolidated version of the Treaty on European Union — Title III — Provisions on the Institutions — Article 15 (OJ C 202, 7.6.2016, pp. 23-24)

Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union's External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 1 — General Provisions on the Union's External Action — Article 21 (OJ C 202, 7.6.2016, pp. 28-29)

Consolidated version of the Treaty on European Union — Title V — General Provisions on the Union's External Action and Specific Provisions on the Common Foreign and Security Policy — Chapter 2 — Specific Provisions on the Common Foreign and Security Policy — Section 1 — Common Provisions — Article 26 (ex Article 13 TEU) (OJ C 202, 7.6.2016, p. 31)

Council Decision 2001/78/CFSP of 22 January 2001 setting up the Political and Security Committee (OJ L 27, 30.1.2001, pp. 1-3)

Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union (OJ L 27, 30.1.2001, pp. 4-6)

Council Decision 2000/354/CFSP of 22 May 2000 setting up a Committee for civilian aspects of crisis management (OJ L 127, 27.5.2000, p. 1)

Council Decision 2009/908/EU of 1 December 2009 laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council (OJ L 322, 9.12.2009, pp. 28-34)

Successive amendments to Decision 2009/908/EU have been incorporated into the original document. This consolidated version is of documentary value only.