US embassy cable - 03THEHAGUE2863

C O N F I D E N T I A L SECTION 01 OF 02 THE HAGUE 002863 
 
SIPDIS 
 
DEPARTMENT FOR EUR/RPM, EUR/ERA, EUR/UBI 
 
E.O. 12958: DECL: 11/13/2013 
TAGS: PREL, MARR, NL, EUN, NATO 
SUBJECT: DUTCH POSITION ON ESDP PROVISIONS IN DRAFT TREATY 
 
REF: STATE 313454 
 
Classified By: Acting Political Counselor Nathaniel Dean for reasons 1. 
5 (b and d) 
 
1. (C) Poloffs delivered reftel GAERC points on ESDP to Hans 
Sandee, Head of MFA's Security and Defense Policy Office. 
Sandee (protect) said the GONL fully concurred with the U.S. 
position and shared in confidence with Poloffs a copy of the 
Dutch position on ESDP provisions in the draft convention 
which he said the GONL had just been conveyed to the Italian 
government (para 2).  Poloff also discussed ESDP with MFA 
European correspondent Joep Wijnands who said the GONL agrees 
ESDP must be done in accordance with Berlin-plus agreements. 
Wijnands advised that FM de Hoop Scheffer, who will resign 
December 3 to succeed Lord Robertson as NATO SYG in January 
2004, will highlight the dangers of structured cooperation 
during his intervention at the FMs' ministerial lunch with 
Secretary Powell. 
 
SIPDIS 
 
2. (C) Begin Text of Dutch government paper: 
 
Dutch position on ESDP-provisions in the draft Treaty 
 
The Netherlands is generally satisfied with the outcome of 
the Convention on ESDP, with two exceptions: the articles on 
structured cooperation (I.40.6 and III.213) and those on 
mutual defence (1.40.7 and III.214). 
 
The Netherlands believes that closer cooperation on mutual 
defence would send the wrong signal internally (towards the 
people in 'neutral' EU-countries) and externally (towards the 
US and other non-EU NATO members).  We also believe that it 
doesn't add to European security and that it is an 
unnecessary duplication of NATO.  Therefore the articles 
1.40.7 and III.214 should be removed from the draft Treaty. 
 
Structured cooperation should be focused on helping improve 
European military capabilities.  The current text of articles 
I.40.6 and III.213 is not clear on the exact nature of this 
concept.  Furthermore, the modalities set out in these 
articles do not seem to guarantee openness, inclusiveness and 
transparency; issues to which the Netherlands attaches great 
importance and which for example are reflected in the 
Articles on enhanced cooperation.  Therefore the articles on 
structured cooperation need clarification, modification and 
elaboration. 
 
The Netherlands would like to make the following suggestions 
for clarification, modification and elaboration of the 
articles on structured cooperation. 
 
In our view, the objective of structured cooperation is 
improving European military capabilities for the most 
demanding ESDP-tasks.  This objective should be stated in the 
treaty.  Therefore in article 1-40(6) 'in this area with a 
view to the most demanding missions' should be replaced by 
'concerning the improvement of military capabilities for the 
most demanding tasks referred to in article I-40(1).'  The 
same wording could be used in article III-213(1). 
 
Furthermore, there should be a Protocol detailing the 
commitments and criteria applicable to structured 
cooperation, rather than leaving those to the partners 
participating in the closer cooperation.  In view of the 
necessary transparency and inclusiveness, this Protocol 
should be adopted at 25.  Subsequently, the Treaty text 
should contain a reference to this Protocol.  A declaration 
with a list of participating member states may be issued 
separately.  Therefore, Article 213(1) should read as follows: 
 
"Member States (whose military capabilities fulfill higher 
criteria set out in Protocol (title) may wish to enter into 
more binding commitments concerning the improvement of 
military capabilities for the most demanding tasks referred 
to in Article I-40(1).  The commitments those Member States 
can enter into are set out in the Protocol (title).  The 
Member States listed in the Declaration (title), which 
fulfill these criteria, hereby establish this structured 
cooperation between themselves within the meaning of Article 
I-40(6)." 
 
We replaced 'fulfill higher criteria' with 'will fulfill 
higher criteria' since improving military capabilities 
through structured cooperation requires the political will to 
make more binding commitments in this matter in order to 
fulfill higher criteria in the future.  It does not depend on 
present fulfillment of the criteria. 
 
If the Protocol allows for changes or additions in criteria 
and commitments, the Protocol should stipulate that these 
changes or additions require a decision by all Member States, 
not just a decision by the Member States participating in 
structured cooperation. 
 
In order to ensure an adequate level of support for and 
representativeness of actions taken with the framework of 
structured cooperation, the protocol should require at least 
one third of the Member States participating in structured 
cooperation for it to come into force. 
 
The general provisions relating to enhanced cooperation 
provide modalities which balance flexibility on the one hand 
and inclusiveness, openness and transparency on the other 
hand.  Article III-213(5) states that these provisions shall 
apply to structured cooperation.  However, Article III-213(2) 
and (3) do not seem entirely compatible with these provisions. 
 
Para 2 on the admission of new participants appears to leave 
this admission entirely up to the existing participants, 
without any mention of openness, criteria, or for a role for 
the Union Minister of Foreign Affairs.  This is in contrast 
to Articles III-324 and III-326 on enhanced cooperation.  We 
therefore suggest replacing para 2 as follows: 
 
"If a Member State wishes to participate in this structured 
cooperation at a later stage, the appropriate provisions 
relating to enhanced cooperation shall apply." 
 
Article I-43(3) ensures transparency and inclusiveness by 
providing that non-participating member states may take part 
in deliberations regarding decisions in the area of enhanced 
cooperation, whereas Article III-213(3) stipulates that only 
the participating member states are entitled to do so in the 
context of structured cooperation.  We therefore propose to 
replace III-213(3) with the wording of I-43(3). 
 
End text of Dutch government paper 
RUSSEL