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