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Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL


On Counter Terrorism Measures and Centralized Military and Cooperation

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty of Lisbon,


Having regard to the Treaty on the European Union (TUE), with particular reference to article 21,
Article 23, and Article 24,
Having regard to the Treaty on the Functioning of the European Union (TFUR), with particular
regard to Article 216 and Article 220 (1),
Having regard to the 2016 EU– NATO Joint Declaration
Having regard to the NATO Parliamentary Assembly resolution 439 on closer NATO-EU
cooperation,
Having regard to the United Nations Global Counter-Terrorism Strategy and UN Security Council
resolutions 1267 (1999), 1373 (2001), 1989 (2011), 2133 (2014), 2199 (2015), 2253 (2015) and
2368 (2017)
Having regard to the proposal from the European Commission,
Acting in accordance with the ordinary legislative procedure laid down in Article 294 of the Treaty
on the Functioning of the EU,

HAVE ADOPTED THIS REGULATION:

Title I
General Provisions
Article 1
Subject matter and scope
This Directive lays down rules that aim at strongly harmonizing the Member States military and
defence organization by proposing a unitary approach towards the challenges posed by the ongoing
acute international situation.
In particular, the following proposal has the objective to regulate Member States ability to act through
the development of civilian and military capabilities in conflict prevention and crisis management, to
improve the cooperation between European Union and third countries, to prevent and contrast
Terrorism activities.
Having regard to the threat of Terrorism extremely vivid in Europe, as in the rest of the world, all the
Member States shall implement the following measures in order to reach a higher European Standard
in every field involved.

Article 2
Definitions
• Terrorism: According to the European Union, terrorism is defined in Art.1 of the
Framework Decision on Combating Terrorism (2002) as a criminal offence against people
and properties in the pursuit of a specific political aim. Such criminal act, given its nature or
context, is addressed to damage a country or an international organization by seriously
intimidating a population, or unduly compelling a Government or an international
organization to perform or abstain from performing any act, or seriously destabilizing or
destroying the fundamental political, constitutional, economic or social structures of a
country or of an international organization.

• Common Security and Defence Policy (CSDP): The Common Security and Defence Policy
enables the Union to take a leading role in peacekeeping operations, conflict prevention and
in the strengthening of the international security. It is an integral part of the comprehensive
approach of the EU towards crisis management, drawing on civilian and military assets. The
major accomplishment that boosted the implementation and the development of Common
Security and Defence Policy (CSDP) is the Lisbon Treaty (December 2009). (eeas.europa.eu)

• North Atlantic Treaty Organization (NATO): it is also called the North Atlantic Alliance
and it is an intergovernmental military alliance between several North American and
European countries. The legal base is the North Atlantic Treaty, signed on 4th April 1949.
NATO is based on the principle of “collective defence”, so Member States agree to mutual
defence in response to any attack by any external party. (www.nato.int)

• Permanent Structured Cooperation (PESCO): the Permanent Structured Cooperation is a


branch of the security and defence policy sector of the European Union. It is introduced by
the Lisbon Treaty and provides the possibility of a stronger cooperation between some of the
Member States in the security and defence field. This permanent organism will permit the
States who wish and can, to develop defence capability, common projects and contribution to
the relative armed forced together. (consilium.europa.eu)
Title II
Centralized Military and Cooperation

Article 3
Having regard of the existing agreement between EU Member States and the international
organization NATO, the proposal of the European Union is to reconsider the allocation of established
funds between the Member States.

Article 4
Each Member States is required to provide a report of data about the efficiency and the physical status
of its military apparatus and instruments. The aim of this proposal is to understand how to allocate
founds and investments, in order to concentrate the production towards the most efficient military
techniques.

Article 5
In addiction to the data requested in Article 4, European Member States shall provide specific
information about a periodical supervision on military combat vehicles. This kind of information will
laed to decisions on which vehicles are to demolish and which not.

Article 6
The European Commission wants to facilitate the mobility of the military personnel among the
European countries with the intent to integrate the military formation of the Member States that agree
with the PESCO Protocol.
In particular, the aim is the one of a compulsory challenge of the military personnel between military
basis in foreign countries so that a foreign soldier can better understand the military techniques of the
hosting country.

Title III
Security and Counter Terrorism Measures
Article 7
Having regard of the principle of integration to fight terrorism, the European Union incentivizes the
building of specific place of worship in each Member State with the provision that religious texts are
allowed to be read in the original tongue, but the teaching of that specific religion is requested to be
furnish in the first language of the hosting country.
Article 8
The European Union considers of primary importance the cooperation among the Member States in
fighting terrorism, especially with those which are most under attack by terrorist organizations. To
this purpose, the States involved are required to constantly improve their intelligence system in order
to favour an updated circulation of information.

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