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THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 46(6) thereof,Having regard to Council Decision (CFSP) 2017/2315 of 11 December 2017 establishing permanent structured cooperation (PESCO) and determining the list of participating Member Statesnote, and in particular Article 9(2) thereof,Having regard to Council Decision (CFSP) 2020/1639 of 5 November 2020 establishing the general conditions under which third States could exceptionally be invited to participate in individual PESCO projectsnote, and in particular Article 2(4) thereof,Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,Whereas:
(1)Article 9(2) of Decision (CFSP) 2017/2315 provides that the Council is to decide, in accordance with Article 46(6) of the Treaty on European Union (TEU), whether a third State, which the participating Member States taking part in a permanent structured cooperation (PESCO) project wish to invite to take part in that project, meets the requirements to be established by the Council.
(2)On 6 March 2018, the Council adopted Decision (CFSP) 2018/340note, which established the list of projects to be developed under PESCO. Article 1 of that Decision provides for a project entitled ‘Military Mobility’, which has 25 project members, including the Netherlands as project coordinator.
(3)On 5 November 2020, the Council adopted Decision (CFSP) 2020/1639, which established the general conditions under which third States could exceptionally be invited to participate in individual PESCO projects. Article 2(4) of that Decision provides that, based on a notification from the coordinator or coordinators of a PESCO project, and following an opinion by the Political and Security Committee (PSC), the Council is to take a decision in accordance with Article 46(6) TEU and Article 9(2) of Decision (CFSP) 2017/2315 as to whether the participation of the third State in that project meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639.
(4)On 26 September 2024, Switzerland sent to the coordinator of the PESCO project Military Mobility its request for participation in that PESCO project, in accordance with Article 2(1) of Decision (CFSP) 2020/1639. The project members then assessed, on the basis of the information provided by Switzerland, whether it complies with the general conditions, in accordance with Article 2(2) of Decision (CFSP) 2020/1639.
(5)On 25 October 2024, the coordinator of the PESCO project Military Mobility notified the Council and the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with Article 2(3) of Decision (CFSP) 2020/1639, that the project members of that PESCO project had unanimously agreed: that they wish to invite Switzerland to participate in that project; on the scope, form and relevant stages of the participation of Switzerland in that project; and that Switzerland complies with the general conditions set out in Article 3 of Decision (CFSP) 2020/1639.
(6)On 12 November 2024, the PSC agreed on an opinion on the notification from the coordinator of the PESCO project Military Mobility regarding the request by Switzerland to participate in that project (‘the notification’). In particular, the PSC took note of the description of the PESCO project Military Mobility as provided in the notification, including its objectives, organisation and decision making as well as focus areas of work. It also noted that no EU classified or sensitive information is shared within the project and that the project is not implemented with the support of the European Defence Agency (EDA) within the meaning of Article 3, point (g), of Decision (CFSP) 2020/1639. Furthermore, it noted that the PESCO project Military Mobility does not involve armament procurement, research and capability development, or the use and export of arms or capabilities and technology. It also noted that it does not involve entities, investments or funding from Member States participating in PESCO or requests for Union funding for project activities.
(7)The PSC agreed with the proposed scope, form and extent of the participation of Switzerland in the PESCO project Military Mobility as described in the notification. It acknowledged that Switzerland had expressed that it fully supports the scope of that project as defined in the notification.
(8)In the same opinion, the PSC confirmed the view unanimously agreed by the project members that Switzerland complies with the general conditions set out in Article 3 of Decision (CFSP) 2020/1639, as follows:
—Switzerland meets the condition set out in Article 3, point (a), of Decision (CFSP) 2020/1639, which requires sharing of the values on which the Union is founded, as laid down in Article 2 TEU, and the principles referred to in Article 21(1) TEU, as well as the objectives of the common foreign and security policy (CFSP) as laid down in Article 21(2), points (a), (b), (c) and (h), TEU; not contravening the security and defence interests of the Union and its Member States, including respect for the principle of good neighbourly relations with the Member States; and having a political dialogue with the Union, which should also cover security and defence aspects when participating in a PESCO project;
—as regards the condition set out in Article 3, point (b), of Decision (CFSP) 2020/1639 on the substantial added value of Switzerland to the PESCO project Military Mobility, the notification provides a detailed outline of Switzerland’s contribution, including on the scope, form and extent of its participation in the project, which substantiates the fulfilment of this condition;
—as regards the condition set out in Article 3, point (c), of Decision (CFSP) 2020/1639, Switzerland’s participation in the PESCO project Military Mobility will contribute to strengthening the common security and defence policy (CSDP) and the Union’s level of ambition, including in support of CSDP missions and operations, as also specified in the notification;
—as regards the condition set out in Article 3, point (d), of Decision (CFSP) 2020/1639, the PESCO project Military Mobility does not involve armament procurement, research and capability development, or the use and export of arms or capabilities and technology; it does not develop any capability or technology. Consequently, Switzerland’s participation in the project will not lead to dependencies on it or to restrictions imposed by it against any Member State of the Union;
—the condition set out in Article 3, point (e), of Decision (CFSP) 2020/1639 as regards the consistency of Switzerland’s participation with the relevant more binding PESCO commitments, as specified in the Annex to Decision (CFSP) 2017/2315, is also met, as further detailed in the notification. As the PESCO project Military Mobility is not a capability-orientated project, the condition concerning the contribution of Switzerland’s participation to fulfilling priorities derived from the Capability Development Plan and the Coordinated Annual Review on Defence (CARD) or having a positive impact on the European Defence Technological Industrial Base (EDTIB) is not applicable in this context;
—the requirement set out in Article 3, point (f), of Decision (CFSP) 2020/1639 is fulfilled as the Agreement between the Swiss Confederation and the European Union on the security procedures for the exchange of classified informationnote has been in force since 1 June 2008;
—the condition set out in Article 3, point (g), of Decision (CFSP) 2020/1639 is not applicable in this case, as the PESCO project Military Mobility is not implemented with the support of the EDA and therefore an administrative arrangement which has taken effect with the EDA is not required;
—as regards the condition set out in Article 3, point (h), of Decision (CFSP) 2020/1639, Switzerland has committed to seeking to conclude a project-specific administrative arrangement and any other necessary documentation in accordance with Decision (CFSP) 2017/2315 and Council Decision (CFSP) 2018/909note concerning PESCO governance rules.
(9)In its opinion, the PSC recommended that the Council take a positive decision as to whether the participation of Switzerland in the PESCO project Military Mobility meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639.
(10)The Council should therefore decide that the participation of Switzerland in the PESCO project Military Mobility meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639. Switzerland will join that project on the date specified in the administrative arrangement to be entered into by Switzerland and the project members, in accordance with Article 2(7) of Decision (CFSP) 2020/1639. The Council will exercise its oversight in accordance with Article 5(2) of Decision (CFSP) 2020/1639 and can take further decisions in accordance with Article 6(2) and (3) thereof,
HAS ADOPTED THIS DECISION:
Article 1#
The participation of Switzerland in the PESCO project Military Mobility meets the conditions set out in Article 3 of Decision (CFSP) 2020/1639.
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