It is well known that the French Presidency main priority regarding defence is strengthening EU’s military capabilities. Last July the European Defence Agency adopted the first capability development plan which defines the European Security and Defence Policy (ESDP) future military needs and priorities.

On 10 November, the EU Defence Ministers meeting in the Steering Board of the European Defence Agency approved the launch of ten initiatives aiming at reinforcing the EU’s military capabilities as regards security and defence in the aviation, maritime, space and industrial fields. German Defence Minister, Franz-Josef Jung, has said to Europolitics, “(…) These are the projects that are taking ‘Europe of defence’ forward. European military capability must evolve. That is what Europe needs.” The External Relations Council endorsed the Defence Ministers' Military Capabilities Development Commitments and called for work to continue with a view to a capabilities development declaration by the European Council.

The EU Defence Ministers decided to establish a European Air Transport Fleet (EATF). Twelve Member States, Belgium, Czech Republic, France, Germany, Greece, Italy, Luxembourg, Netherlands, Portugal, Romania, Slovakia and Spain, signed a Declaration of Intent on participation in the initiative. It is well known that the EU the humanitarian and military missions have been facing logistical problems. The signatory Member States have stressed that the EU will be more involved in military and civilian operations, and “that there is a clear lack of European military airlift capabilities to perform these missions.” The main aim is to reduce European air transport shortfalls by pooling aircraft such as the new Airbus A400M. The EU Member States’ participation to EATF can take different forms such as making available military transport aircraft; purchasing, providing or exchanging flying hours; or providing and benefiting from shared and/or pooled support functions (training, maintenance). The UK has not decided yet if it would participate.

Four Member States, Belgium, Germany, France and Luxembourg have signed a Declaration of intent to establish a future A400M multinational unit with the purpose of developing European airlift capabilities in support of national and multinational needs.

The EDA has also made a commitment to improve Europe's maritime surveillance capability, in particular through the future surveillance Unmanned Air Vehicles (UAV) project and the networking of European military maritime surveillance systems. Seven Member States, Finland, France, Germany, Poland, Portugal, Spain and Sweden have agreed to start working on the development of an unmanned aerial system, which will be able to take off and land on a ship’s deck.

France also wanted to set up a fleet of military transport aircraft. The French defence minister, Herve Morin, has said that France also wants to create “a joint European air fleet, like for the C17” (…) As for air and sea, why not have an aircraft carrier permanently stationed at sea which remains under the operational authority of the owner state but which is at the disposal at EU level?” Nine Member States, Belgium, Germany, Spain, France, Greece, Italy, the Netherlands, Portugal and the UK signed a Declaration of Intent to launch the European Carrier Group Interoperability Initiative (ECGI) which will promote the interoperability of European navies and their carrier air groups.

The defence ministers also launched projects to enhance military space observation means. One of the initiative’s aims is to increase the military information sources of the EU Satellite Centre in Torrejon (Spain) with the availability of images from the Helios (France), SAR Lupe (Germany) and Cosmo-Skymed (Italy) systems. Another initiative is aiming at developing the space capability of member states, around the MUSIS project. Five Member States Belgium, France, Germany, Greece, Spain signed a Letter of Intent to launch a cooperation programme to put in place a Multinational Space-based Imaging System for surveillance, reconnaissance and observation (MUSIS).

The EU defence ministers also endorsed a roadmap for the Helicopter Tactics Training Programme as part of the Agency’s general programme to improve availability of helicopters for ESDP operations. The ministers also decided to create a European Union-wide Forum for Military Airworthiness Authorities with aim to harmonise the different national military airworthiness regulations within the European Union.

France also wanted to promote joint European training courses as well as exchanges between national training bodies. In fact, France wants to harmonise education and training for military staff. France has stressed that it would be “a considerable strength” to have a “permanent European crisis management training centre” “to which France is willing to make a contribution.” The EU defence ministers officially approved, on 10 November, the European initiative for exchanges between young officers, inspired by the Erasmus programme. Hervé Morin has explained that the idea is to promote a “European awareness, so that alongside the citizenship proper to each member state, there exists a European citizenship, so that we can forge a European defence culture and, through common training, improve the interoperability of the armed forces intervening in the same theatre of operations.” This initiative will be implemented on a national and voluntary basis, with assistance from the European Security and Defence College. The Member States agreed on a number of measures for encouraging and facilitating exchanges between their national training colleges. The initiative includes the creation of an IT platform containing the initial officer training programmes to permit national training institutions to offer and request places for officer exchanges. Training models on international issues will be developed. In fact, a training module on the European Security and Defence Policy is already available.

According to Europolitics, Hervé Morin, has said, at the end of the External Relations Council meeting, that “Relaunching Europe of defence was one of the Presidency’s priorities. That mission has been accomplished.” The EU is duplicating the work of the United Nations and NATO. There are no troops for all the NATO, EU and UN missions. The majority of EU Member States are also NATO members therefore they have to make troops available for both organisations.

Lt. Gen. Karl Eikenberrry, the deputy chairman of the NATO military committee, has recently criticised the ESDP as regards equipment, operations and political commitment. He said “European forces tend to go it alone. There is duplication, as well as quantitative and qualitative problems.” He stressed that though the ESDP has “carried out 20 operations” but “only five involved more than 100 troops.”

On 10 November the General Affairs and External Relations Council, sitting in its defence ministers’ formation also adopted a joint action establishing the first European Union’s naval military operation. The operation – EU NAVFOR Somalia/operation "Atalanta" – come in support of Resolutions 1814 (2008), 1816 (2008) and 1838 (2008) of the United Nations Security Council. Its mandate includes providing protection to the ships of the World Food Programme, to protect cargo ships sailing in the zones in which it is deployed, to monitor the zones off the coast of Somalia, including its territorial waters, posing risks to maritime activity.

The operation will take the necessary measures, “including the use of force, to dissuade, prevent and intervene in order to put a stop to acts of piracy or armed robbery.” The legal aspects of the joint action have raised particular difficulties. It is the first EU naval operation and will also take place in an international zone covered by specific legislation. The purpose is to arrest, to transfer and judge certain individuals who have committed acts in breach of international law, but which have no ties with the EU.

The UN resolutions require all States and regional organizations to notify in advance to the “Secretary-General, and at the request of the TFG, to take action to protect shipping involved with the transportation and delivery of humanitarian aid to Somalia and United Nations-authorized activities (…).” On 30 October the EU sent a letter to the Somali transitional government “making an offer of collaboration, which contains proposals as to the exercise of jurisdiction against persons apprehended in the territorial waters of Somalia.” The decision to launch the operation could not be formally adopted until the TFG has transmitted to the European Union a copy of the notification submitted to the UN.

According to the Joint Action document, pirates apprehended in “the territorial waters of Somalia or in the open sea,” would be transferred to the member state or third country’s authorities whose flag was flying on the ship which undertook the arrest or if they do not wish to use its jurisdiction, to a member state or a third country which would like to exercise it. Prisoners would be transferred to a state which has the legal capacity to try them. However, it seems that just the Netherlands, Sweden, Finland and France have such provisions in their law. The operation is planned to last for one year.

The Operational Headquarters are located at Northwood and this will be the first time that it will be active at the European level. Rear admiral Phillip Jones is the EU Operation Commander. The Political and Security Committee, under the responsibility of the Council, will exercise the political control and strategic direction of the EU military operation. Britain has not been keen in fully participating in European military missions but those days are over as the UK government now prefers to give primacy to the EU rather to NATO.

According to Geoffrey van Orden, MEP, "It is a pity that the British government has agreed to an EU naval operation at the same time that NATO will be engaged in the same waters. (…)” He added "(…) Clearly NATO is best able to mount such an operation on behalf of the UN. We also need clarity about dealing with arrested pirates so that international law can be applied robustly. The EU has no useful military role to play in this, their involvement will just add confusion and complicate matters(…).”