Neutrality

What was the outcome of negotiations on neutrality?

On neutrality, it was agreed that a Declaration by Malta will be attached to the Treaty of Accession confirming Malta's status of neutrality even as an EU country.

There are already another four EU countries that follow a policy of neutrality. These are Ireland, Austria, Finland and Sweden. There is no requirement for EU countries to shed their neutrality. And neutrality is not seen as incompatible with membership.

Moreover, Article 17 of the EU Treaty makes it clear that any move towards a common defence policy should respect the constitutional requirements of each member country. In other words, EU countries cannot be obliged to participate in EU defence measures if this contradicts their constitutional position. And whereas it is within each country's right to block a decision altogether, they may instead choose to abstain, in which case they will not even be obliged to support the mission financially, although they should do nothing to obstruct it.

These points were confirmed during negotiations on the EU's common foreign and security policy. Whereas during negotiations Malta confirmed its commitment to this policy, it was noted that this commitment does not necessitate any renunciation of Malta's status of neutrality.

However, since neutrality is a politically sensitive and emotional issue, the Maltese government sought to go further and make a solemn statement that would be attached to the Treaty of Accession.

The model that was followed was the Irish model. In this country, the issue of neutrality is also controversial, and ahead of the referendum of the Nice Treaty the Irish government allayed fears of loss of neutrality by getting a clear statement on neutrality.

The matter was settled in June last year at the Seville Summit where two declarations were adopted, one by Ireland and one by the European Council. The national declaration made by Ireland "confirms that its participation in the European Union's common foreign and security policy does not prejudice its traditional policy of military neutrality." Ireland also said that it would attach its declaration to its instrument of ratification of the Treaty of Nice.

In Malta's case only one declaration will be adopted. And it will be a unilateral declaration by Malta. As such, this declaration is not a legally binding instrument. However, it will have a significant political authority because it will be attached to the Treaty of Accession that will be signed by 25 countries. Malta's neutrality status within the EU will therefore be acknowledged by all EU countries. This is the first time that a declaration on neutrality is being attached to an Accession Treaty.

Although modelled on the Irish version, the text of Malta's declaration on neutrality is much shorter and to the point. It reads as follows:

"Malta affirms its commitment to the common foreign and security policy of the European Union as set out in the Treaty on European Union. Malta confirms that its participation in the European Union's common foreign and security policy does not prejudice its neutrality. The Treaty on European Union specifies that any decision by the Union to move to a common defence would have to be taken by unanimous decision of the European Council adopted by the Member States in accordance with their respective constitutional requirements".

This means that if Malta joins the EU, as is required by the Treaty, its consent would be required before the EU can move to a common defence policy. And according to the Treaty, this move must, in any case, respect Malta's constitutional position on neutrality. It must also be remembered that EU decisions on foreign policy and security also require unanimity, that is, the agreement of all countries, including Malta.

This position cannot change before membership because EU countries agreed (in Copenhagen) that the new countries will now be fully involved in the intergovernmental conference that will follow the Convention on the Future of Europe. And they also agreed that no Treaty changes will take place before the next enlargement.

The issue of neutrality also touches upon three other issues that are particularly sensitive in Malta.

Firstly, the issue of military conscription (lieva). It had long been feared that if we join the EU, Maltese youth may be called up to join the army. This is not correct and the EU has no power to do so.

Secondly, it has been said that if we join the EU, Malta would be obliged to serve as a military base. This too is not correct. Such a decision cannot be imposed on Malta under the terms of the Article 17 of the Treaty. Nor can any Maltese government decide that our country should serve as a foreign military base unless it changes the Constitution. Which is hardly realistic.

Finally, it has been said that if we join the EU we would be obliged to participate in any war that may be declared by the EU or in which the EU may get involved. Another incorrect statement. The EU cannot declare or participate in a war. And it has no power to do so.

In the current crisis with Iraq, one can easily see that there is no common EU position on whether EU countries should go to war against Iraq. Quite the contrary. Some EU countries, such as the UK seem willing to support the US in this war effort. Others, such as Germany, are far from willing.

On the other hand, the EU is currently setting up its own Rapid Reaction Force (RRF) which can only participate in specific missions and not in war. The RRF will only be able to participate in missions which are authorised by the United Nations (UN) and will be limited to peace-making, peace-keeping, humanitarian and rescue missions.

Even participation in the RRF is voluntary, not obligatory. Malta volunteered to participate in the RRF with a platoon of soldiers. But Malta specified that it would only participate in humanitarian and rescue missions. Not in peacemaking and peacekeeping missions. This was perfectly acceptable to the EU because it is fully within Malta's right to decide if it wants to participate and how. Interestingly, the Maltese government has also committed itself that, even at the level of individual soldiers of the Armed Forces of Malta, participation in these missions will be voluntary and not imposed.

Malta-EU Information Centre:
Tel: 25909192; Fax: 21227580; E-mail address: euinfo.mic@magnet.mt; Website: www.mic.org.mt
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