Council Decision (CFSP) 2020/1639Show full title

Article 3 U.K. General conditions

A third State may exceptionally be invited to participate in a PESCO project, and continue to participate, if it fulfils all of the following general conditions:

(a)

it shares 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 CFSP in points (a), (b), (c) and (h) of Article 21(2)TEU. It must not contravene 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 it must have a political dialogue with the Union, which should also cover security and defence aspects when it participates in a PESCO project;

(b)

it provides a substantial added value to the project and contributes to achieving its objectives. In line with the priority of a European collaborative approach, and in accordance with Article 4(5) of Decision (CFSP) 2018/909, the means which it brings into the project must be complementary to those offered by PESCO participating Member States, for example by providing technical expertise or additional capabilities including operational or financial support, thus contributing to the success of the project and hence to the advancement of PESCO;

(c)

its participation contributes to strengthening the Common Security and Defence Policy (CSDP) and the Union level of ambition as determined in the Council conclusions of 14 November 2016, including in support of CSDP missions and operations;

(d)

its participation must not lead to dependencies on that third State or to restrictions imposed by it against any Member State of the Union, as regards armament procurement, research and capability development, or on the use and export of arms or capabilities and technology, which would hamper progress or prevent the usability, whether joint or otherwise, the export or the operational deployment of the capability developed in the PESCO project. It must finalise an agreement at an appropriate level on conditions for the further sharing outside the PESCO framework on a case-by-case basis of capabilities and technology to be developed within that project, in order to prevent those capabilities from being used against the Union and its Member States;

(e)

its participation is consistent with the more binding PESCO commitments as specified in the Annex to Decision (CFSP) 2017/2315, in particular those commitments which that PESCO project is helping to fulfil, depending on the specificities of that project. For capability-orientated projects, its participation must also contribute to fulfilling priorities derived from the Capability Development Plan and the Coordinated Annual Review on Defence (CARD), have a positive impact on the European Defence Technological Industrial Base (EDTIB), and make the European defence industry more competitive. In particular, participation by a third State in a project must contribute mainly to the availability, deployability and interoperability of forces;

(f)

it has a Security of Information Agreement with the Union which is in force;

(g)

it has an Administrative Arrangement which has taken effect with the European Defence Agency (EDA) as appropriate, in accordance with Decision (CFSP) 2015/1835, where the project is implemented with the support of the EDA, taking into account the relevant position paper of the EDA(1); and

(h)

it has committed itself, in its request for participation referred to in Article 2(1) of this Decision, to ensuring respect for provisions of Decision (CFSP) 2017/2315 and of Decision (CFSP) 2018/909.

(1)

EDA position paper on the requirement for the third States entering PESCO projects to have an Administrative Arrangement with EDA (EDA201911157).