European Scrutiny Committee Contents


10 European Defence Agency activity in 2008 and 2009

(a)

(30175)


(b)

(30176)

15442/08


(c)

(30212)

Head of the European Defence Agency's Report to the Council





Council Guidelines for the work of the Agency in 2009







European Defence Agency 2009 Budget and Three Year Financial Framework

Legal base
Deposited in Parliament(a) 20 November 2008

(b) 21 November 2008

(c) —

DepartmentDefence
Basis of considerationEMs of 26 November 2008
Previous Committee ReportNone; but see (28212) and (29268) HC16-xi (2007-08), chapter 1 and (29341-3) HC16-xi (2007-08), chapter 2 (6 February 2008); and (29701) HC-xxv (2007-08), chapter 15 (25 June 2008)
Discussed in Council10 November 2008 General Affairs and External Relations Council
Committee's assessmentPolitically important
Committee's decisionNot cleared

Background

10.1 The European Defence Agency was established under 2004/551/CFSP on 12 July 2004, "to support the Member States and the Council in their effort to improve European defence capabilities in the field of crisis management and to sustain the European Security and Defence Policy as it stands now and develops in the future".

FUNCTIONS AND TASKS

10.2 It has four functions, covering:

—  developing defence capabilities;

—  promoting Defence Research and Technology (R&T);

—  promoting armaments co-operation;

—  creating a competitive European Defence Equipment Market and strengthening the European Defence, Technological and Industrial Base.

10.3 According to its website, these functions all relate to improving Europe's defence performance, by promoting coherence: "a more integrated approach to capability development will contribute to better-defined future requirements on which collaborations — in armaments or R&T or the operational domain — can be built. More collaboration will, in turn, provide opportunities for industrial restructuring and progress towards the continental-scale demand and market, which industry needs."

10.4 On this basis, the Agency's tasks include:

—  to work for a more comprehensive and systematic approach to defining and meeting the capability needs of the European Security and Defence Policy (ESDP);

—  to promote European defence-relevant R&T, as vital both to a healthy defence technological and industrial base and to defining and satisfying future capability requirements. This will involve pursuing collaborative use of national defence R&T funds, in the context of a European Defence R&T Strategy which identifies priorities;

—  to promote European cooperation on defence equipment, both to contribute to defence capabilities and as a catalyst for further restructuring the European defence industry; and

—  to work, in close cooperation with the Commission, on steps towards an internationally competitive market for defence equipment in Europe.

10.5 The EDA says that its "comparative advantage" should be "its ability to comprehend all these agendas, and relate them so as to realise their synergies. Its special position should allow it to develop uniquely cogent analyses and proposals across the range of its activities."

STRUCTURE

10.6 The EDA is an Agency of the European Union. The EU High Representative, Javier Solana, is Head of the Agency and Chairman of the Steering Board, its decision-making body, which is composed of Defence Ministers of the 26 participating Member States (all EU Member States, except Denmark) and the European Commission. In addition, the Steering Board meets regularly at sub-ministerial levels, such as National Armaments Directors or Capability Directors.

10.7 The Steering Board acts under the Council's Authority and within the framework of guidelines issued by the Council, and meets twice yearly — in May and November.

WAY OF WORKING

10.8 The EDA's website explains:

"the Agency faces outwards. Its main "shareholders" are the Member States participating in the Agency; key stakeholders include the Council and the Commission as well as third parties such as OCCAR (fr. Organisation Conjointe de Coopération en matière d'ARmement), LoI (Letter of Intent) and NATO. The Agency has a special relationship with Norway (through an "Administrative Arrangement")."[39]

10.9 The Committee and its predecessor were fully engaged in the development of the EDA, culminating in a debate in June 2004 in European Scrutiny Committee B.[40] There, the then Secretary of State stated that its principal purpose would be to improve Member States' military capabilities. Unanimity is required for decisions on role, goals and targets; QMV for internal operations. It came into being in 2005.

10.10 The Government agreed that it would deposit the Agency reports to the Council referred to in Article 4 of the EDA Joint Action — its May report on activities during the previous and current year and its November report on current year activity and "draft elements" of the work programme and budgets for the following year — and the Council's annual guidelines to the Agency that set the framework for its work programme. Also, initiated by the then Secretary of State (Dr John Reid), the Secretary of State writes before and after EDA Steering Board meetings (not only to this Committee but also to the Defence Select Committee). We have thus been kept well-informed of developments during the EDA's formative years.

10.11 At our meeting on 6 February 2008, we considered the report of November 2007 on that year's activity and the following years' budgets and the Council's guidelines to the Agency that set the framework for its 2008 work programme, along with a Joint Action that embodied the outcome of the first review required by the original Joint Action (carried out by the Head, 3 years after adoption of the Joint Action; proposing no major changes and amendment to authorise two Deputy Chief Executives instead of one — one strategic, one operational; agreed in principle by the steering board, and in the 2008 budget — and a further review in 2010).

10.12 We also considered a Commission Communication (and related draft legislation) on defence procurement, which we recommended for debate in European Committee B. With the EDA entering the next stage of its development, and clear indications that, particularly during the French presidency of the European Union in the second half of this year, the future of European Security and Defence Policy would be put under the microscope, we also recommended that the Head of the Agency's Report and the guidelines for 2008 be debated at the same time, to enable the House to consider the wider framework, and how the EDA might best contribute.[41] That debate took place on 10 March 2008.[42]

10.13 Our most recent Report dealt, first, with information provided by the then Secretary of State for Defence (Mr Des Browne) prior to the 26 May EDA Steering Board meeting about the topics that it would discuss:

—  the launch of a second Joint Investment Programme on research into innovative concepts and emerging technologies (the UK had already indicated that would not participate on this occasion);

—  a proposal to postpone the setting of the EDA three year financial framework for one year. The then Secretary of State recalled that the Council had failed three times to reach agreement on the level of growth in the financial framework. As the Agency had not changed their approach, he judged that the Board would again not find consensus. The proposal, which he fully supported, represented "a pragmatic way forward, allowing Member States to take a decision on the 2009 budget in November"; officials would be working with the Agency "to suggest ways of changing their approach to facilitate a more productive discussion on the three year framework in future years";

—  updates on European Defence Research & Technology strategy, the European Defence Technological and Industrial Base strategy and the code of conduct on defence procurement, which the then Secretary of State welcomed;

—  Norway's participation in the code of conduct on defence procurement, which the then Secretary of State also welcomed;

—  helicopter availability, about which the then Secretary of State said that he had long been concerned; and

—  a proposal to set up a cell to look at the procurement of commercial satellite communications; it being not yet clear to the then Secretary of State that a procurement cell was the best solution, he supported further work on this project to investigate whether it could achieve better value for money for the UK.

10.14 That Report also considered a report by the Head of the Agency describing its key ongoing activities and progress made on its major initiatives, including the implementation of the long term strategies and details of specific projects (the Agency's work on helicopter availability, Unmanned Aerial Vehicles (UAVs) and a Joint Investment Programme on Force Protection). They were commented upon fully by the then Secretary of State for Defence, who noted that no new policy implications arose from this report, and that the UK would "continue to engage positively with the EDA to ensure that it is an effective tool in helping to improve military capability in Europe."

10.15 For our part, we said that, so far, with significant UK involvement, the EDA appeared to be sticking to its brief; we also recalled that when we had considered the previous Report, we noted that the Government had worked hard to try to ensure that the Agency learned first to walk, though impulses to run faster were still apparent, which applied in particular to some other Member States' budgetary ambitions, and looked forward to hearing more in due course on the outcome of the discussions to which the then Secretary of State referred in his 19 May letter.[43]

The Head of the Agency's Report on key activities in 2008

10.16 As before, the report highlights progress made on the Agency's major initiatives, provides details on the implementation of existing policies and developing policy/conceptual work and provides information on specific projects such as the Joint Investment Programme on Innovative Concept and Emerging Technology and the Agency's work on increasing helicopter availability for ESDP Operations.

The Government's view

10.17 The Minister for International Defence and Security (Baroness Ann Taylor) begins her first Explanatory Memorandum of 26 November 2008 (and the two others considered below) with the same general remarks as did the then Secretary of State (10.14 above). She then comments as follows on each of the main parts of the Report:

"Capability Development Plan (CDP)

"The CDP is designed to allow the EDA to set a long term vision for European defence capability and capacity needs, thereby informing nearer-term decisions on industrial, technological and investment issues. In July 2008 the EDA's Steering Board endorsed the initial Capability Development Plan (CDP) as a living process to identify priorities for European capability development and to bring out opportunities to pool and cooperate. Member States selected a first tranche of twelve priority Actions[44] and directed the EDA to prepare a detailed way forward for each of them in view of generating concrete collaborative initiatives. Work is in hand to develop a process to derive further actions from the CDP and present them to the Steering Board at the beginning of next year. The UK supports the work of the Agency on the CDP and has been actively involved throughout this year. We will continue to engage with the Agency on this key strategy as it is used to prioritise the work programme over the coming years.

"European Defence Technological & Industrial Base Strategy

"The EDTIB Strategy adopted in 2007 sets out important policy objectives and enablers to consolidate demand, increase investment and competition and thereby better ensure security of supply in the European Technological Industrial base. Through the work strands that are underway, Member States have identified Future Air Systems as a priority sector for consideration. Member States are currently considering their requirements in this area with a view to reporting back to EDA next year. EDA propose to undertake analysis of these responses in order to identify commonality with a view to reporting possible actions for consideration in late 2009. Furthermore in support of this work Member States have agreed a voluntary Code of Conduct on Offsets which enters into force on 1 July 2009. The Code is aimed at mitigating the adverse impact of Offsets on cross border competition and the European DTIB. EDA has also embarked on work to identify and agree a number of specific measures to support and encourage defence related Small and Medium-Sized Enterprises and non-traditional suppliers. The UK continues to support and engage on EDA's EDTIB work strand.

"European Armaments Cooperation Strategy

"The European Armaments Cooperation Strategy aims to facilitate better multinational cooperation between Member States by the development of common requirements. In October 2008 the Steering Board endorsed the "European Armaments Cooperation Strategy" to promote and enhance more effective European Armaments Cooperation in support of ESDP through generating, promoting and facilitating cooperative programmes. The UK supports this strategy and will be working with the Agency throughout 2009 on the practicalities of implementing this strategy.

"European Defence Research and Technology

"The European Defence Research and Technology Strategy is aimed at enhancing more effective research collaboration in science, technology and demonstrators in order to deliver in time the right technologies in support of military capabilities for short, medium and long term need. This strategy was adopted at the EDA Steering Board on 10 November.

"Code of Conduct on defence procurement

"The Agency has reported a positive assessment of the implementation of the Code of Conduct on defence procurement and an observation that subscribing Member States have adapted their procurement practices to the CoC's provisions. There is however a need to increase cross-border bidding by industry. To facilitate this improvement EDA has undertaken to promote with Industry the portal for advertising Industrial sub contracts.

"EU-wide forum for Military Airworthiness Authorities

"The Member States agreed to the creation of an EU-wide forum for Military Airworthiness Authorities with an associated Roadmap for its creation. The aim of is to get "a joined" up approach in respect of common Airworthiness regulations, processes and procedures such that for future collaborative programmes there will be a much reduced cost and time to undertake development, certification and preservation of airworthiness than has been the case up to now. In support Industry would like to work to one set of European "rules" thus reducing the burden on them when trying to satisfy multiple AW Authorities' different requirements. This is a UK inspired EDA project in which we will continue to take a leading role.

"Joint Investment Programmes

"The Agency has continued work on the first Joint Investment Programme on Force Protection and has established a second Joint Investment Programme on Innovative Concepts and Emerging Technologies (ICET). The UK decided not to participate in the first Joint Investment Programme due to duplication with ongoing national work. We have decided not to participate in the second Joint Investment Programme on ICET as experts don't judge this subject a priority for UK defence research funding.

"Helicopter Availability

"The Agency has established a Project Group on Helicopter training in order to develop and implement the concept of a Helicopter Tactics Training Programme (HTP) to enhance aircrew skills. This should help support deployment of helicopter crews on current operations. The EDA is also pursuing a work strand on helicopter upgrades, collating experiences from Member States and Industry over current equipment upgrades and shortfalls; a detailed report will be provided by spring 2009. The UK strongly supports this initiative; this is a product of the UK French summit held earlier in the year.

"European Air Transport Fleet

"This project aims to increase the availability of strategic airlift available in Europe by creating a fleet of strategic transport aircraft (A400M). The idea is for Member States with small number of A400M to pool together to create a transport fleet sharing basing and other common costs. The initiative also aims to get other Member States without strategic lift to club together to collectively buy or lease additional A400M. A declaration of Intent was signed by a number of interested Member States at the EDA Steering Board on 10 November, indicating their intention to participate in the establishment of a future European Air Transport Fleet in order to increase the EU's strategic transportation capabilities. The UK supports this initiative to increase the amount of available airlift in Europe, however we have decided not to participate in the initiative.

"Maritime Area

"The Agency has established two ad hoc collaborative projects in the Maritime areas: one to consider the assessment phase of a "Maritime Mine Counter Measures" (MMCM) system, the other one on "Maritime Tactical Unmanned Aerial Systems". In the preparation for the EDA Steering Board the Maritime Tactical Unmanned Aerial Systems project was renamed Future Unmanned Aerial Systems in order to encapsulate land requirements and broaden the scope of the project. The UK has decided that we will not participate in either of the projects in this area. We will keep the work under review and look to participate if the projects meet the UK capability requirements in the future.

"Multinational Space-based Imaging System (MUSIS)

"Six Member States have announced their intention to bring into EDA their cooperation on a Multinational Space-based Imaging System (MUSIS) for surveillance, reconnaissance and observation. The UK is not involved in the MUSIS project as it relates to Member States who have current space based imaging systems that will need replacement. We will keep this project under review as it develops.

"Other Programmes Mentioned

"The UK participates in many of the EDA's programmes to varying degrees, ranging from maintaining a watching brief of progress to active participation where the projects align with our own UK objectives."

10.18 Finally, the Minister notes that the Head of the Agency delivered this report to the Council on 10 November 2008 and will submit his next report to the council in May 2009.

Council guidelines for the European Defence Agency's work in 2009

10.19 The Minister's second Explanatory Memorandum of 26 November 2008 examines the Guidelines for the EDA's work in 2009 which were adopted by the Council, "in Minister of Defence composition", on 10 November 2008. Those guidelines, in which the Council "welcome the important results achieved by the European Defence Agency (the Agency) in 2008, as presented, particularly with regard to its 2007 guidelines", concentrate on the EDA's strategic framework — the Capability Development Plan — and the three endorsed strategies the European Defence Technological Industrial Base Strategy, the European Defence R&T strategy and the Armaments strategy.

The Government's view

10.20 The Minister comments upon the Guidelines as follows:

"Capability Development Plan

"The Council recognised the Capability Development Plan (CDP) as the strategic tool for military capability development that will give direction to the Agencies work programme for 2009. It agreed the Agency should focus on taking forward the 12 priority Actions[45] to deliver capability orientated programmes based on common military requirements. The UK supports the further development of the initial 12 priority actions as a way of prioritising the work programme for 2009 and beyond. We support the Agency using the CDP as a basis for a three year work programme that connects capability priority and resources.

"European Defence Research & Technology (EDRT) Strategy

"The Council agreed that the Agency should focus on consolidating R&T efforts in Europe by implementing the two Joint Investment Programmes, stimulating the launch of further Category B projects[46] and exploring possible links between the Capability Development Plan priority actions and the potential R&T priorities identified in the EDRT Strategy. The UK supports this work and will engage proactively with the Agency as we did in the development of the R&T strategy.

"Defence Technological & Industrial Base Strategy

"The Council guides the Agency to strengthen the European Defence Technological & Industrial Base by increasing transparency and competition in the market place through implementing a new Code of Conduct on Offsets and increasing the role of Small to Medium sized Enterprises (SME). They also recognise the importance of investigating the industrial capabilities that will need to be maintained in Europe, firstly concentrating on Future Air Systems. Finally the Council recognise the efforts of the French Presidency on the European Defence Industrial Base and recommend that their work is explored further by the Agency in consultation with the Commission. The UK recognises the importance of a consolidated approach towards the European Defence Industrial base. We support the Code of Conduct on Offsets and the work to increase the role of SMEs. We recognise the need to reduce the scope of the work on EDTIB and focus initially on Future Air Systems.

"OCCAR[47]

"The Council invites the Agency to conclude an Administrative Arrangement with OCCAR (Organisation Conjointe de Coopération en matière d'ARmement). The UK supports this arrangement as a way of increasing armaments cooperation by facilitating the transfer of projects from EDA to OCCAR once the participating Member States agree. The UK believe that OCCAR has the requisite skills and competencies to manage multinational armaments programmes."

European Defence Agency 2009 Budget and Three Year Financial Framework

10.21 The Minister explains in her third Explanatory Memorandum of 26 November that this document was produced by the Presidency in French with no official translation available and attaches, for the Committee's information, a copy of a letter from Head of the EDA to the Council asking approval for the agreed budget.

The Government's view

10.22 The Minister says that the Council noted that there would be no three year financial framework and agreed a one year budget for 2009 of €30 million. She continues as follows:

"The head of the Agency wrote to all Member States in July with his thoughts on the budget for 2009. This started the process of budget negotiations with Member States through a number of official level meetings. The original estimate by the Head of the Agency envisaged a 25% increase in the budget from 2008. This growth aspiration was not shared by Member States and these figures were revised downwards from €40M to €30M which is €2M less than the potential fund available for 2008. We, however, understand that the money spent in 2008 will be less than the funds available due to the immaturity and lack of consensus over the work on integration of UAVs onto non-segregated airspace. As you will recall from last year's budget funds €6M (Earmarked Revenue) was made available for work on integration of UAVs onto non-segregated airspace, however, the Agency have only undertaken €1.5M of work on frequency allocation to support this work.

"Because of the immaturity of the request for Earmarked Revenue last year, in this year's budget negotiations officials have reviewed the maturity of the new proposals for Earmarked Revenue in 2009 and judged that non merited Earmarking of funds. This is the primary reason for the difference between the original budget request of €40M and the final agreement of €30M."

10.23 Finally, the Minister says that agreement on the 2009 budget was finalised at the 10 November General Affairs and External Relations Council.

Conclusion

10.24 The Government continues to pursue its pragmatic approach of broad, active participation, "ranging from maintaining a watching brief of progress to active participation where the projects align with our own UK objectives", of maintaining budgetary discipline and of encouraging the Agency to focus on where it can best add value.

10.25 We again report these developments to the House because of the widespread interest in the development of a European defence industry and strategy and in ESDP generally, and are drawing this chapter of our Report to the attention of the Defence Committee.

10.26 We shall also continue to retain the documents under scrutiny pending the response from the Minister for Europe to the questions raised by our consideration of the Report on European Security and Defence Policy during the French Presidency,[48] which are related to the activities discussed in these present documents.





39   For full background on the EDA and its activities, see http://www.eda.europa.eu/. Back

40   Stg Co Deb, European Standing Committee B, 22 June 2004, cols. 3-24. Back

41   See headnote: (28212) and (29268) HC16-xi (2007-08), chapter 1 and (29341-3) HC16-xi (2007-08), chapter 2 (6 February 2008). Back

42   See http://www.publications.parliament.uk/pa/cm200708/cmgeneral/euro/080310/80310s01.htm for the record of this debate. Back

43   See headnote: (29701) HC-xxv (2007-08), chapter 15 (25 June 2008). Back

44   Network Enabled Capability, Increased Helicopters' availability, Counter-Improvised Explosive Device, Third Party Logistic Support, Chemical-Biological-Radiological and Nuclear Defence, Medical Support, Intelligence/Surveillance/Target Acquisition/Reconnaissance Architecture, Military Human and Cultural/Language training, Comprehensive approach/military implications, Maritime Mine Counter Measures, Computer Network Operations, Counter Man Portable Air Defence Systems Back

45   Network Enabled Capability, Increased Helicopters' availability, Counter-Improvised Explosive Device, Third Party Logistic Support, Chemical-Biological-Radiological and Nuclear Defence, Medical Support, Intelligence/Surveillance/Target Acquisition/Reconnaissance Architecture, Military Human and Cultural/Language training, Comprehensive approach/military implications, Maritime Mine Counter Measures, Computer Network Operations, Counter Man Portable Air Defence Systems. Back

46   Category A projects or Programmes are ad-hoc collaborative efforts are proposed by one or more participating Member States (pMS) or the Agency's Chief Executive and presume general participation of all 26 pMS unless they decide to opt-out. An example of this type of collaboration is the current Joint Investment Programme on Force Protection. Category B Projects or Programmes are ad-hoc collaborative efforts established by one or more pMS and, in principle, are open to participation by all pMS; however, in practice, Category B projects or programmes tend to involve a smaller number of pMS that decide to opt-in. Back

47   The Organisation Conjointe de Coopération en matière d'ARmement was established by an Administrative Arrangement on 12th November 1996 by the Defence Ministers of France, Germany, Italy and the UK. Its aim is to provide more effective and efficient arrangements for the management of certain existing and future collaborative armament programmes. The four founding Nations went on to sign a Treaty, the "OCCAR Convention", which came into force on the 28th January 2001. Belgium and Spain joined OCCAR in 2003 and 2005 respectively. The Netherlands, Luxembourg and Turkey are also participating in a programme, without being members of the organisation. For further information on OCCAR, see http://www.occar-ea.org/. Back

48   See (30250) 16686/08 in chapter 8 of this ReportBack


 
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