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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 projects
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1.A third State may submit to the coordinator or coordinators of a PESCO project a request to participate in that project. Such request shall contain sufficiently detailed information on the reasons for participating in the project, as well as the scope and form of the proposed participation, in stages of the project if applicable, and shall substantiate the fulfilment of the general conditions set out in Article 3.
2.Upon receipt of such a request, the participating Member States taking part in the project (‘the project members’) shall assess, on the basis of the information provided by that third State, whether it complies with the general conditions set out in Article 3.
3.If the project members agree by unanimity:
(a)that they wish to invite the third State which submitted the request to participate in the project,
(b)on the scope, the form and, if applicable, the relevant stages of the participation of that third State, and
(c)that the third State complies with the general conditions set out in Article 3,
the coordinator or coordinators of the project, with the support of the PESCO Secretariat, shall notify the Council and the High Representative accordingly. Such notification shall also include the request submitted by the third State.
4.Based on the notification referred to in paragraph 3 of this Article, which includes the scope, the form and, if applicable, the relevant stages of the participation of the third State in the project, and following an opinion by the Political and Security Committee, the Council shall 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 this Decision.
5.Following a positive decision by the Council as referred to in paragraph 4, the coordinator or coordinators of the PESCO project shall send an invitation to participate in that project to the third State which submitted the request, on behalf of the project members.
6.Once the third State which submitted the request has informed the coordinator or coordinators of the PESCO project that it accepts the invitation, the project members, or the coordinator or coordinators on their behalf, shall initiate negotiations with that third State with a view to an administrative arrangement to be entered into by the project members, acting unanimously, and that third State, on the basis of the template attached to this Decision. Such administrative arrangement shall ensure consistency with provisions of Decision (CFSP) 2017/2315 and of Decision (CFSP) 2018/909.
7.The third State invited to participate in a project shall join the project on the date specified in the administrative arrangement referred to in paragraph 6.
8.The coordinator or coordinators of a PESCO project shall make available to all PESCO participating Member States the administrative arrangements referred to in paragraph 6 of this Article, via the common electronic workspace referred to in Article 2(2) of Decision (CFSP) 2018/909.
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