OBSERVARE
Universidade Autónoma de Lisboa
ISSN: 1647-7251
Vol. 6, n.º 1 (May-October 2015), pp. 51-67
PORTUGAL’S INTEREST IN THE CONTEXT OF SECURITY AND DEFENCE
POLICY AND MARITIME AFFAIRS.
SOME THEORETICAL CONSIDERATIONS AS PART OF THE
RELATIONSHIP BETWEEN PORTUGAL AND THE EUROPEAN UNION
Jaime Ferreira da Silva
jaimefsilva@gmail.com
Holder of a Degree in Naval Military Sciences from Escola Naval (Naval School); Holder of a
Master Degree in Strategy from Escola Superior de Ciências Sociais e Políticas (School of Social
and Political Sciences); Currently doing a PhD in Political Science, specializing in Strategic
Studies at Instituto Superior de Ciências Sociais e Políticas (Higher Institute of Social and Political
Science); Researcher at the Centro de Investigação de Segurança e Defesa (Security and
Defence Research Centre) of IESM and at Centro de Administração e Políticas Públicas Public
Policies and Administration Centre) of ISCSP; Lecturer of Strategy at Instituto de Estudos
Superiores Militares (Institute of Higher Military Studies).
Abstract
With the accession to the European Union, Portugal became part of an area that has been
moving towards greater economic and political integration. In this process, Member States
have delegated part of their powers to European institutions, hoping that decisions on
matters of joint interest can be made more effectively at European level. However, the
current economic and financial crisis has revealed weaknesses in the European construction
process that have highlighted the difficulties in achieving the convergence of Member States'
national interests.
In these circumstances, this study aims to evaluate whether Portugal’s interest is being
properly safeguarded given the strategies and common policies enacted by the European
Union within the framework of security and defence policies and affairs of the sea.
To this end, the concept of national interest is analysed in the first part in order to establish
a common understanding of the subject. In the second part, Portugal’s current interests are
identified and the third examines EU’s interests in the areas under review. The fourth part
reflects on how national interests connect with European interests, seeking to highlight the
opportunities to be seized and the threats to be addressed.
The analysis concluded that it is not easy to identify a clear European interest in the field of
security and defence, while in the area of maritime affairs that interest is evident and
requires securing the exclusive competence of the Union in the management of the
biological resources of the sea. The defence of Portugal’s national interest requires proper
monitoring of the negotiations leading to the building of sector strategies and common EU
policies.
Keywords:
Portugal; European Union; National Security; Security and Defence; Sea Affairs
How to cite this article
Silva, Jaime Ferreira da (2015). "Portugal’s interest in the context of security and defence
policy and maritime affairs. Some theoretical considerations as part of the relationship
between Portugal and the European Union". JANUS.NET e-journal of International Relations,
Vol. 6, N.º 1, May-October 2015. Consulted [online] on date of last visit,
observare.ual.pt/janus.net/en_vol6_n1_art4
Article received on October, 1 2014 and accepted for publication on April, 15 2015
JANUS.NET, e-journal of International Relations
ISSN: 1647-7251
Vol. 6, n.º 1 (May-October 2015), pp. 51-67
Portugal's interest in the context of security and defence policy and maritime affairs
Jaime Ferreira da Silva
52
PORTUGAL’S INTEREST IN THE CONTEXT OF SECURITY AND DEFENCE
POLICY AND MARITIME AFFAIRS.
SOME THEORETICAL CONSIDERATIONS AS PART OF THE
RELATIONSHIP BETWEEN PORTUGAL AND THE EUROPEAN UNION1
Jaime Ferreira da Silva
1. Introduction
By joining the then European Economic Community, now the European Union (EU) in
1986, Portugal became part of an entity that has come a long way towards greater
economic and political integration of the states that constitute it2
Although all Member States are sovereign and independent, they ceded part of their
decision-making powers to European institutions that were since created, in the
knowledge that it leads to a reconfiguration of some aspects of sovereignty. In those
circumstances, it is important to take into account the cost-benefit ratio of the losses
associated with the new attributes of sovereignty and the gains from integration into a
larger space.
.
In the current climate this issue is of great importance, as the lack of a real European
government to pursue community interests and the cleavages since created by the
economic and financial crisis have demonstrated the difficulty in obtaining the
convergence of national interests of Member States in order to pursue a clearly
perceived common interest.
Accordingly, it is important to ascertain to what extent the Portugal’s interest is being
properly safeguarded in the context of sector strategies and common EU policies. This
study aims to contribute to that evaluation in the fields of security, defence and affairs
of the sea.
To this end, the work is structured into four main parts. The first analyses the concept
of national interest in the light of the realistic and constructivist theories of
international relations. The second identifies the current national interest in the areas
concerned, based on the legal structure of the Portuguese state. The third part
acknowledges the common interests of the Union by examining relevant Community
documents. The fourth part reflects on how national interests are linked with those of
the EU in order to identify the opportunities to be seized and the threats to be
neutralized in the course of the European construction project.
1 This article is based on the study conducted to deliver the inaugural lecture of the Institute of Higher
Military Studies on 27 November 2013, on occasion of the Official Opening of the 2013/2014 Academic
Year.
2 Professor Armando Marques Guedes has kindly read more than one version of this article, and I thank him
for his nice comments.
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2. National interest in the context of International Relations
Several researchers have reflected on the concept of national interest. In order to
establish a common understanding of the notion, a brief review of it is made here in the
light of realistic and constructivist theories. The liberal approach is an alternative stance
that has become "classical". However, liberal theories in international relations are
more a family of stances than a truly coherent entity. They contrast with neo-realism
and merge, in variable ways, with constructivist positions. Contrary to the neo-realists,
they do not stipulate an "immutability" of the international system, even if the latter is
only constituted by states that interact as if they were "billiard balls". Liberal theories
focus on the "peoples" first and foremost and consider that the international system
can be formally changed through the institutional channels (e.g. international and/or
legal organizations), considering that, this way, international anarchy is progressively
blurring; informally, the liberal positions on international relations theories allude to
interim players, such as international regimes. For this reason one sees the existence of
a kind of gradient between liberalism and constructivist trends in the context of
international relations. This progressive fusion is felt the most in hard areas, such as
security and defence, foreign policy, and strategy and the sea because they stand very
close to the sovereignty of states. In this article, the liberal theories are examined
within the wider framework of the so-called constructivist theories.
In international relations, the concept of national interest is used to indicate a particular
need that has reached acceptable claim status on behalf of the state, but also to justify
and support the pursuit of certain specific policies (Griffiths, et al., 2008: 216). In a
pragmatic manner, the National Defence Institute defines national interest as the
"integrated and compatible expression of the wishes and concerns of individuals and
groups that make up the national community", corresponding to a generalized
abstraction of the aspirations and basic needs of that community (Sacchetti, 1986: 14).
The national interest has a dimension associated with the state’s domestic policies and
another related to its foreign policy, although globalization has dimmed the differences
between the internal and external dimensions of the interests of countries (Stolberg,
2012: 13; Guedes & Elias, 2012b).
In the context of domestic policies, it is often called public interest, especially in
democratic regimes, or common good, among communitarians. In that circumstance, it
is understood as something that is important for the general population of a given
state, as opposed to the particular interest of citizens, socio-economic groups and
regions that make up that state (Bobbio, et al., 1998: 642). In the context of foreign
policy, the concept is usually associated with the classical realist perspective of
international relations, also dubbed the "theory of the interests of the states” (Bobbio,
et al., 1998: 641).
This theory believes that states are the central actors in the international system and
interact in a lawless environment in which there is no higher power able to set and
enforce rules governing their relations. In this context, policies are based on the
national interest, which is grounded on the power of each state (David, 2001: 33). As
realists see international politics as essentially conflictual, states must develop a
credible power to ensure their safety and protect their interests, with the military
vector having a leading role in its construction. In a world where sovereign states
compete for resources, the nation's survival becomes the essential national interest.
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Once survival is guaranteed, the state can then have other interests, bearing in mind
that those who neglect their interests ultimately do not survive as sovereign nations
(Dougherty & Pfaltzgraff, 2011: 95-97). According to this view of international
relations, the interests and identity of states are defined before any interaction on the
international scene, and the power relations that are established are determined
depending on the material capacities of states.
However, this perspective, which occupied a dominant position in the study of
international relations in the period between the end of World War II and the early
1980s, was criticised on various fronts. In an attempt to find answers to the identified
omissions, the neorealist and neoliberal perspectives focused their attention on how
structures affect the rationality of the players. On the one hand, neorealist authors
emphasize that the competitive pressure of an anarchic international system decisively
influences certain types of state behaviour, namely the constant demand for balance of
power. On the other, neoliberals argue that in an interdependent world, international
institutions are constituted as an alternative structural context in which states can
define their interests and coordinate the different policies (Katzenstein, 1996: 12).
Conversely, these liberal views, which focused less on states and more on people as
actors, still do not take into account that the national interest depends on the
interpretation that policy makers make of it and that the meaning they attribute to it is
conditioned by their education and values as well as by the data that is provided to
them. In addition, they do not take into account the key role that national identity
plays in the construction of the interests of nations, and that it is not exclusively the
result of materials and external factors, because if so, states with similar capabilities
would have the same behaviours. This identity has an internal dimension related to
how groups, states or agents see themselves, and an external dimension which
expresses how they perceive those around them. Thus, as has been argued, inter-
subjective consensus about their external roles is reached, which in turn shapes the
national interest that emerges from standards and rules created within the group3
Devising the national interest as the product of a socially constructed identity and not
as something material, belongs to the group of theories dubbed constructivist
(Dougherty & Pfaltzgraff, 2011: 121, 122). For constructivists, the national interest is
constructed through social interaction among states in international institutions, and is
not defined at the outset (Katzenstein, 1996: 2). The international system is the result
of relations established among its members, which give meaning to the material
capabilities of states. It is anchored on the following principles: (i) states are the main
units of analysis; (ii) the key structures of the system are not material, but inter-
subjective; and (iii) identities and state interests are largely constructed by social
structures (Wendt, 1994: 385). The normative output of the major institutional
structures exerts a decisive influence on the formation of the identity and interests of
states, which have a corporate identity that establishes generic goals. However, the
way they attain them depends on their identities, i.e., it depends on how they see
themselves in relation to other states. Institutions incorporate the rules governing
interactions between states. In turn, these interactions will condition the formation of
identities and interests of states, also establishing the possibilities for action and the
constraints to which they are subject (Griffiths, et al., 2008: 51, 52). Thus, the
.
3 Intersubjective consensus is achieved through shared understanding, expectations and existing social
knowledge in International institutions.
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constructivist perspective is considered to be particularly suitable to analyse the
formation of the EU’s common interest as a result of the interaction between Member
States in EU institutions.
National interest upholds what the state wants to safeguard, and its identification is the
starting point for the development of a particular policy or strategy, for which reason
special care should be placed in its assessment. Once the interactions between the
various categories of interests have been acknowledged and analysed, it is up to the
government to set the national goals that indicate what the state wants to achieve.
Attaining the proposed goals will depend on the satisfaction of interests (Sacchetti,
1986: 17) (Santos, 1983: 45).
Identifying national interests correctly in a given historical moment is not an easy task,
because these elements are not clearly spelled out in a single document. To infer them
requires analysing official documents and the discourse of policy makers. In this
context, the next chapter systemizes the analysis of the documentation on the national
legal framework that is relevant to identify Portugal’s current national interest in the
fields of security, defence and affairs of the sea.
3. Portugal's National interest today
The national interest has a constant dimension that remains unbroken over long
periods of time, and another cyclical dimension that runs in a certain context (Santos,
1983: 48). The permanent national interest of Portugal is inseparable from the Atlantic,
European and Lusophone options that shape its foreign policy. As a country of scarce
resources, the framework of alliances in which it operates plays a key role in
safeguarding the national interest. In this regard, the alliance with the maritime power
has been a constant throughout Portugal’s history, so maintaining a special cooperation
relationship with the US is particularly important. The reasons are systemic rather than
strictly political-ideological. The United States, in this sense, merely takes the place
that until the mid-twentieth century had been occupied by England. In a context where
Europe is the main geographical area of Portugal’s permanent strategic interest, soon
followed in importance by the Euro-Atlantic area (Government of Portugal, 2013a: 20),
the EU and NATO are key strategic partners. In another aspect, the national interest is
also associated with the consolidation of the Community of Portuguese Speaking
Countries (CPLP) as an area of cooperation among its member states (Government of
Portugal, 2013a: 8).
As regards the cyclical national interest, this is influenced mainly by the situation in the
EU. The international financial and economic crisis that particularly affected the euro
zone revealed deficiencies in the architecture of European integration that until then
had not been identified. Faced with adversity, political leaders have reinforced the
priority given to the interests of their own countries, giving rise to internal tensions and
testing Europe’s solidarity implicit in the European project. In this context, the
revaluation of the Member States’ position regarding treaties and common policies in
force is a variable to consider, especially when the national interest is at stake. For this
to be feasible, countries must be given the necessary freedom of action to act in
defence of their interests, which is not happening in Portugal currently. This is the main
limiting factor in defining Portugal’s national interest today.
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In the field of security and defence, financial constraints inherent to this crisis and the
consequent negative impact on the budgets of these areas, as well as the emergence of
new powers and obligations arising from commitments under NATO and EU, are the
factors that most influence the definition of the national interest (Government of
Portugal, 2013a: 6).The reorientation of the strategic priorities of the US towards the
Asia-Pacific area dictated its smaller commitment to Atlantic and Mediterranean issues,
which means increased responsibility for the European allies, mainly due to the current
turmoil in North Africa and the Middle East. Within NATO, the comprehensive approach
concept, which advocates the need to adopt an method involving political, civil and
military instruments in crisis resolution, and smart defence, which seeks to encourage
the emergence of a new cooperation culture that enables the development of better
capabilities at reasonable costs, were introduced (Government of Portugal, 2013a: 21).
Within the EU, an institutional construction inspired by liberalism, the Treaty of Lisbon
led to the replacement of the European Security and Defence Policy (ESDP) by the
Common Security and Defence Policy (CSDP), resulting in the establishment of mutual
defence and solidarity clauses by extending the area of enhanced cooperation and the
creation of the permanent structured cooperation mechanism. On the other hand, the
European Security Strategy reinforces the EU’s need to improve its ability to act in an
environment characterized by the diversity of civilian and military resources. Budgetary
constraints resulted in the increased role of the European Defence Agency (EDA) and in
the identification of the need to develop the concept of pooling and sharing, which
translates into the sharing of military assets and capabilities (Government of Portugal,
2013ta: 22).
In the field of maritime affairs, in recent years there has been an increased interest of
the international community in the oceans, especially the prospect of accessing the
marine resources that they potentially contain. The emergence of new powers in a
process of accelerated economic development coupled with the rapid population growth
in some regions of the globe, has implied an increase in demand for natural resources.
This has resulted in the progressive depletion of natural resources on land, so access to
marine resources takes on a new importance. In this context, the possibility of
extending the continental shelf beyond 200 nautical miles is of undeniable importance
to coastal states, which thus see the area over which they exercise their sovereign
rights enlarged for the purpose of exploitation of marine resources. On the other hand,
awareness of the finite nature of natural resources has led to need to explore it in a
sustainable manner and to adopt an integrated management of the sea and coastline.
In order to identify the current national interest in the fields in question, the national
documentation where normally these matters are addressed was examined, including
the Constitution of the Portuguese Republic (CRP), the National Defence Law of (LDN),
the Strategic Concept of National Defence, the 19th Constitutional Government
programme, and the See National Strategy 2013-2020.
The analysis concluded that, in the context of security and defence, national interests
extend along three vectors. The first is associated with the fundamental values and
comprises:
− The guarantee of state sovereignty, national independence and integrity of the
Portuguese territory, as well as the freedom and security of the population (article
273 of the Portuguese Constitution and article 1 of LDN); and
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− Safeguard European, Atlantic and international stability and security (Government of
Portugal, 2013a: 8)
The second vector is related to the policy of alliances and strategic partnerships. In this
context, national interests are associated with:
− The strengthening of EU and NATO cohesion (Government of Portugal, 2013a: 28);
− The strengthening of the relationship with NATO and European structures
responsible for the implementation of the CSDP (Government of Portugal, 2011:
10);
− The consolidation of friendly and cooperation relations with CPLP countries (article 7
of the Portuguese Constitution, based on the strengthening of the technical and
military cooperation with those states (Government of Portugal, 2011: 111).
The third vector concerns capacity building and includes:
− Strengthening the capacity to face external threats or aggressions (article 5 of the
National Defence Law);
− Strengthening the capacity to participate in humanitarian and peacekeeping
international missions (Government of Portugal, 2013a: 28); and
− Developing integrated civilian and military capacities (Government of Portugal,
2013a: 28).
In turn, in the field of maritime affairs, national interests have also developed along
three axes. The first is related to the role of the sea as an international instrument of
Portugal’s affirmation, with the following associated interests:
− The recovery of Portugal’s maritime identity (Government of Portugal, 2013a: 62);
− The valuation of Portugal’s Atlantic vocation (Government of Portugal, 2013a: 28);
and
− The consecration of Portugal as a maritime nation as part of the Integrated Maritime
Policy (IMP) and the EU Maritime Strategy, namely in the Atlantic (Government of
Portugal, 2013b: 62).
The second axis concerns the sea as an economic development tool, and national
interests include:
− Mobilization of financial resources for investment in maritime economy sectors
(Government of Portugal, 2013b: 62);
− Promoting interoperability between maritime services and ports, shipbuilding and
ship repairing and marine works (Government of Portugal, 2011: 53);
− Protection of fisheries and aquaculture promotion (Government of Portugal, 2011:
53);
Promoting the well-being and quality of life of the population (Article 9 of the
Portuguese Constitution), in this context with emphasis on the fishing populations; and
− Assumption of the strategic nature of the continental shelf extension project, due to
the prospect of accessing potential mineral, energy and biogenetic resources
(Government of Portugal, 2011: 110).
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The third axis is related to sustainable development and comprises:
− The protection of nature and of the environment and conservation of natural
resources (Article 9 of the Portuguese Constitution); and
− The correct arrangement of the national territory and its harmonious development
(Article 9 of the Portuguese Constitution), with emphasis on the planning of the
coastline.
Following this overview of what is perceived to be the national interest stated in the
relevant national documentation in the fields of security, defence and maritime affairs,
the common interests of the Union in the same fields will be identified next.
4. The interest of the EU
The hybrid governance model that embodies the EU, with intergovernmentalism
coexisting with supranationalism, turns it into a new kind of actor in international
politics (Buzan & Little, 2000: 359). Its unique character stems from the fact that,
despite all Member States being sovereign and independent, they have given away
some of their sovereignty and delegated some of their decision-making powers to
European institutions since created. The question of the existence of a common
European interest is not consensual, and there is the prospect that this interest simply
does not exist, or is just the sum of the interests of the several Member States. Along a
different strand, some argue that the mechanisms leading to decision-making are not
sufficiently robust in the European Union. However, certain clues may indicate that this
interest exists, as evidenced by the very name of EU policies, which are classified as
common. In this regard, the change in the designation of the ESDP to CSDP is
paradigmatic. This fact of undeniable political significance demonstrates the intention of
Member States to roam a path that leads to the identification of common interests in
the area of security and defence. As one notices, at the moment there is still a long
way to go to materialize a genuine common policy in this area. However, a common
European interest is perceived to exist in certain contexts, formed in the course of
interactions among member states in European institutions.
The EU is based on rule of law and decisions taken are based on treaties ratified by the
Member States. The Treaty of Lisbon was established as the last change to the treaties,
with previous treaties being incorporated in a consolidated version embodying the
Treaty on European Union (TEU) and the Treaty on the Functioning of the European
Union (TFEU) (European Commission, 2013: 3, 4). The policy areas where the EU can
make decisions are determined by the treaties of the Union. The EU's exclusive areas of
competence comprise customs and trade policy, competition rules, monetary policy in
the euro area and the conservation of marine biological resources (Article 3 of the
TFEU). Competence is shared in the areas of internal market, agriculture, consumer
protection, and transport, among others, (Article 4 of the TFEU). In other policy areas,
decisions are the responsibility of Member States, and the European Commission
cannot legislate in these matters (European Commission, 2013: 8).
In order to identify the interests of the EU in these areas, the treaties of the Union, the
Europe 2020 strategy, the European Security Strategy, the Integrated Maritime Policy
(PMI), and the legal mechanism embodying the Common Fisheries Policy (CFP) were
examined. The analysis showed that the interest of the EU is essentially and implicitly
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laid down in the TEU. The above study indicates that European interests in the field of
security and defence include:
− Protecting its security, independence and integrity (Article 21 of the TUE);
− Promoting peace and well-being of its Member States (Article 3 of the TUE);
− Promoting its values, namely respect for human dignity, fundamental freedoms,
democracy, equality, rule of law, and human rights (Article 2 of the TUE);
− The creation of an area of freedom, security and justice without internal borders
(Article 3 of the TUE);
− Promoting peace and international security, as well as solidarity and mutual respect
among peoples (Article 3 of the TUE);
− Developing privileged relations with neighbouring countries in order to create an
area of prosperity and good neighbourliness (Article 8 of the TUE); and
− Establishing relations and partnerships with countries and with international,
regional or global organizations that share the same values as the EU (Article 21 of
the TUE).
The following European interests, although not exclusively related to maritime affairs,
share some points with them:
− Establishing an internal market based on sustainable development (Article 3 of the
TUE); and
− Preservation of the environment and the sustainable management of natural
resources (Article 21of the TUE).
Based on the above, the issue of the relationship between Portugal’s national interests
and the interests of the EU will now be examined, in order to identify points of
convergence and of potential conflict.
5. The articulation of the national interest with the interest of the EU
From the analysis of security and defence according to a generic point of view, it
appears that the resolutions on the CSDP are adopted unanimously (Article 42 of the
TEU), which offers relative guarantees that decisions are not made behind the backs of
national policy makers. Looking retrospectively to the process of European
construction, it turns out that the EU's interest is very diffuse regarding security and
defence, pointing even to the absence of a real common interest. This is evident in the
wording that was given to the mutual defence clause in the TEU which is transcribed
below (Article 42 of the TEU):
“If a Member State is the victim of armed aggression on its
territory, the other Member States shall have towards it an
obligation of aid and assistance by all the means in their power (…)
This shall not prejudice the specific character of the security and
defence policy of certain Member States. Commitments and
cooperation in this area shall be consistent with commitments
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under the North Atlantic Treaty Organisation, which, for those
States which are members of it, remains the foundation of their
collective defence and the forum for its implementation”.
This clause clearly shows that it results from a compromise that seeks to meet the
interests of three types of Member States (Monteiro, 2011: 734.):
− The integrationists, who wanted to see the obligation to help the Member State that
suffered the aggression reflected in the clause;
− The traditionally neutral states, who wanted respect for the security and defence
policies of each Member State to be enshrined in it; and
− The Atlanticists, who in their capacity of NATO members, wanted their defence to be
the remit of the Alliance.
These three groups of states reflect the EU’s major trends in the field of security and
defence, so although there is a security and defence policy called common, one cannot
see the existence of a clear common interest. It is no coincidence that the TEU
expresses the intention of the CSDP to build a common defence, but only when the
European Council, acting unanimously, so decides. In the current context when the
financial and economic crisis is putting the entire European project to the test, one fails
to see how this route can be taken in the near future.
Focusing now on the analysis of the articulation of interests according to the vectors
through which Portugal’s national interests in security and defence are developed, it
turns out that there is an alignment between national interests and the interests of the
EU in the vector of the fundamental values, which is not surprising bearing in mind that
European integration is underpinned by sharing basic principles. The mutual defence
clause and the solidarity clause contribute particularly to safeguarding the national
interest in this field. The first establishes the political commitment to mutual help in the
event of armed aggression against the country, while the latter sets out mutual
assistance in the event of a Member State being the target of terrorist attack or the
victim of natural or human-based disaster.
In the context of alliances’ policy, the articulation of interests has to be analysed from
the perspective of the relationship between the EU and NATO, as well as structured
permanent cooperation. Portugal is part of the group of states that give primacy to
their defence within the Atlantic Alliance, so it is in its interest that the relationship
between NATO and the EU is strengthened. On this matter, there is an alignment
between the interests of the Union and the national interest because, while the CSDP
respects the obligations of Member States under NATO, the report on the
implementation of the European Security Strategy strengthens the need for the EU and
NATO to deepen their strategic partnership for the benefit of better cooperation in crisis
management (Council of the European Union, 2008: 2). This cooperation has been
increasing, and one notes that sometimes in the implementation of EU missions, there
is coordination with NATO, whose command and control structures are used (European
Commission, 2013: 18). Thus, the institutionalization of forms of cooperation that
enable the articulation of resources and existing capacities is considered to be of
interest to Portugal and to those aforementioned organizations. This may involve
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coordination in planning forces, so that a more efficient use of available resources is
made.
In another aspect, Member States are allowed to establish closer cooperation among
themselves in areas where the EU does not hold exclusive powers (Article 20 of the
TEU). Authorisation to proceed with enhanced cooperation is granted by unanimous
Council decision (Article 329 of the TFEU). In this context, the Treaty of Lisbon
established the permanent structured cooperation, which is a cooperation mechanism
created specifically for the CSDP (Article 46 of the TEU). Structured cooperation stands
halfway between the creation of formal alliances and the emergence of international
regimes, as customary force. The very notion of structured cooperation pays tribute to
constructivist liberalism.
This instrument allows Member States with the highest military capabilities to have
commitments among themselves, with a view to conducting the most demanding
military missions. Participation in the permanent structured cooperation implies the
commitment of Member States to develop their military capabilities more intensively
(Article 1 of Protocol 10 on the Permanent Structured Cooperation). This mechanism
can act as a catalyst for developing the military capabilities of Member States, allowing
Europeans to take greater shared responsibility with the US, but it can also pave the
way for the formation of a multi-speed Europe in the field of security and defence.
Thus, to achieve the desired objectives, a lot of care must be placed in defining the
criteria for membership. If the stated conditions are lax, the goal of promoting Member
States’ development of defence capabilities will not be attained; if they are very
demanding, the conditions for the existence of a multi-speed Europe in this area will be
created. In this case, Portugal may not be at the forefront due to structural and
financial constraints hampering the development of the necessary military capabilities.
If one bears in mind that the defence of national interests is at the forefront of
European integration so as to actively participate in the EU’ decision-making process,
not being part of a possible permanent structured cooperation can be contrary to
national interests.
Concurrently, the protocol on permanent structured cooperation sets out that, as much
as possible, member states should harmonize military instruments and specialize their
defence resources and capabilities (Article 2). Portugal as a country with interests in a
wide geographical area, materialized in a diaspora spread all over the world, should not
discard the possibility for autonomous action, when the defence of its interests so
requires, which may be compromised if the path towards specialization of military
assets and capabilities is initiated. This condition is another factor to consider in the
event of a possible participation of Portugal in this mechanism.
However, it should be pointed out that, since its inception, the idea of creating
structured cooperation has been a very controversial issue, with the very remote
probability of ever being implemented. This is attested by the fact that even after
several years having passed and efforts made by some countries (e.g. Belgium,
Hungary and Poland) to replace the eligibility criteria for participation commitments, no
Member State has yet notified the Council about the intention to engage in structured
cooperation. With regard to Portugal, the fact of not having fulfilled the basic conditions
to be able to join a future structured cooperation, could significantly affect its ability to
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protect the national interest, rather than making any sovereignty concessions to
European institutions4
The aforementioned issues lead to the third aspect regarding national interests in the
context of security and defence, which is related to capacity building. The TEU gives the
EDA competences to contribute to the identification of the military capabilities
objectives of Member States, to promote harmonization of operational needs, as well as
to implement measures to strengthen the industrial and technological base of the
defence sector (Article 45 of the TEU). While the allocation of powers to a European
agency to identify military capabilities goals of the Member States is something that
may compromise national interests, participation in research projects and defence
technology development may be of interest to Portugal, if it results in increased
spending in defence activities.
.
Whereas in the field of security and defence it was not possible to identify a clear
common interest, in the area of maritime affairs that interest is manifest, involving
securing the EU’s exclusive competence in the conservation of marine biological
resources. The intention to communitarise marine biological resources is evident right
from the Treaty of Rome, but it was only with the achievement of a common policy for
the fisheries sector that the first steps in this direction were taken. This interest
culminated in the Treaty of Lisbon with the adoption of a clause stating that, within the
CFP, the EU has exclusive competence as regards the conservation of marine biological
resources (Article 3 of the TFEU).
Aware of the problem of overfishing, the EU tries to impose measures that contribute to
the sustainability of fish resources, while member states, concerned about the well-
being of fishing communities, seek to ensure the access of their fleets to fishing areas,
resulting in a conflict of interest. This conflict has been settled within the EU by
adopting exception clauses, which have enabled Member States to safeguard the
interests of local fishing communities that depend heavily on traditional fisheries
conducted along the coast. These clauses have allowed Member States to maintain the
uniqueness of fishing activity in their territorial sea for their own vessels. In addition, in
the archipelagos of Madeira and the Azores, with the entry into force of Regulation (EC)
No 1954/2003 on the management of fishing effort, Portugal has managed to restrict
fishing to vessels registered in the islands’ ports, in a strip between the baseline and
100 nm. This restriction does not apply to Community vessels that traditionally fish in
those waters, provided they do not exceed the fishing effort traditionally exerted. With
the exception of Belgium and Holland, where large vessels prevail, in other Member
States vessels under 12 meters long are the majority (European Parliament, 2013, p.
2). In these circumstances, coastal fishing is of special relevance to European
countries, which attests the importance of safeguarding the exclusivity of fishing
activities in coastal areas for national vessels.
Another aspect that should be taken into account with regard to fisheries is the
negotiation of fisheries agreements by the European Commission on behalf of Member
States. With these agreements the EU is seeking permission for its vessels to fish in the
EEZ of the partner country. The conclusion of these agreements could benefit or harm
Portugal’s interests, for which reason the negotiating processes should be followed up
case by case with particular attention.
4 I thank the anonymous reviewer for drawing my attention to such important issues.
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To complete the analysis of the fishing industry, there is the fact that this sector has
not yet been become autonomous in relation to agriculture. This lack of autonomy is
reflected in the absence of specific rules on fisheries in the treaties, which are governed
by the provisions relating to agriculture (Monteiro, 2011: 742). This circumstance is
made clear in the TFEU, which states that "'agricultural products' means the products of
the soil, of stockfarming and of fisheries (...)" and that "references to the common
agricultural policy or to agriculture and the use of term "agricultural", shall be
understood as also referring to fisheries (...) "(Article 38 of the TFEU). Another tell-tale
sign of this lack of autonomy is the fact that the European Economic and Social
Committee meets in plenary sessions divided into six thematic sections, and fishery
issues are dealt with at the Section for Agriculture, Rural Development and the
Environment (European Commission, 2013: 32). The non-protection of the specificity of
the fisheries sector is deemed to be contrary to the interests of a country like Portugal,
which, in September 2011, had the fourth largest fishing fleet in the EU (European
Commission, 2012: 15, 21, 44).
On the other hand, the strategic nature of the issues related to the continental shelf
suggests that close attention should be paid to this matter, so as not to miss this
window of opportunity for Portugal. Whereas with respect to non-living resources of the
continental shelf there is nothing in the European treaties that removes sovereignty
from Member States, in relation to living resources the situation is not linear because
the TFEU states that, under the CFP, the EU shall have exclusive competence as
regards the conservation of marine biological resources. This issue is particularly
relevant in the case of benthic organisms in hydrothermal vents, as a result of their
potentially economically profitable exploitation due to possible applications in
biotechnology industries. Hence the need to clarify whether these organisms, which do
not correspond to the traditional definition of fishery resources, are included in what
the TFEU calls biological resources of the sea. In a simplistic analysis that lacks proper
legal basis, we are led to believe that, in light of the provisions of Regulation (EU)
1380/2013 on the new CFP, organisms of hydrothermal vents should be considered to
be biological resources of the sea. Indeed, the regulation states that marine biological
resources include "living, available and accessible marine aquatic species, including
anadromous and catadromous species during their marine life", thus covering the
bodies of the seabed, which is contrary to national interests.
The analysis of the IMP indicates that one should take care that its integrating stance
does not lead the EU to centralize current existing expertise in matters of the sea. This
can be achieved by observing the principle of subsidiarity, thus allowing solutions to be
found which take into account national specificities.
On the other hand, always attentive to environmental issues, the EU launched an
international appeal for the reduction of greenhouse gases, committing to reduce, by
2050, 80-95% of its emissions compared to 1990 levels. To do this, studies indicate
that 60% reduction in emissions in the transport sector must be attained (European
Commission, 2011: 3, 4). Many targets were set to achieve this goal, with the intention
to transfer 30% of road freight over distances greater than 300 km to sea/river or rail
transportation by 2030, and over 50% by 2050 standing out (European Commission
2011: 10). In a context where the enlargement of the Panama Canal could turn
Portugal into the gateway to Europe for such important markets as the US and Asia,
this fact is an opportunity not to be wasted (Guedes, 2012a). To this end, developing
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national port infrastructure is necessary to meet the expected increase in maritime
transport, as well as creating logistic support in Portuguese ports that add value to the
goods carried by large ships. The flow of goods can take place by sea and it will be
necessary to transfer them to smaller vessels, or by land, in this case with railways
playing a key role. Like any sea economy cluster based on a strong sector of maritime
transport, the EU’s environmental concerns are an opportunity for Portugal to develop
this sector of the economy, which should not be wasted. The future will tell us if and
how we were able to do it.
Following the above, the main threats and opportunities in the areas concerned will
now be examined from the perspective of safeguarding the national interest. The main
threats are as follows:
− The creation of permanent structured cooperation without the participation of
Portugal, because otherwise the country would be left out of the Community’s
decision-making process in this area;
− The possibility of having a specialization of military resources and capabilities, as this
would condition Portugal’s possibility to intervene autonomously where the nature of
its interests so requires;
− The possibility that military objectives and capabilities are identified by the EDA, due
to the chance that it will not take the specificity of national interests into account;
− The communitarisation of marine biological resources, due to the possibility that the
living resources of the continental shelf end up being managed by the Commission;
and
− The negotiation of fisheries agreements by the European Commission, as this may
lead to situations where the national interest is not properly addressed.
Regarding the main opportunities, the following stand out:
− Carrying out actions that contribute to enhanced cooperation between NATO and the
EU, with a view to better coordinate military resources and capabilities
− Participation, within the EDA, in research and development projects that allow
maximizing the scarce financial resources available, address vulnerabilities in the
national force system, foster the development of the technological and industrial
basis of defence, and increase the interoperability with the Armed Forces from other
Member States; and
− Adapt national port infrastructure to take on the expected increase in maritime
traffic and the EU’s intentions within the framework of the Common Transport Policy.
6. Conclusion
This paper examined the question of the relationship between Portugal’s interest and
the interest of the EU, seeking to ascertain whether the national interest is being
properly safeguarded in the fields of security, defence and affairs of the sea. The topic
was analysed in the light of realistic and liberal theories and its constructivist variants
in International Relations, the constructivist approach being deemed particularly
suitable to study the formation of interests in a political entity such as the EU.
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Portugal's interest in the context of security and defence policy and maritime affairs
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The analysis pointed to the conclusion that in the field of security and defence, it is not
possible to identify a clear common European interest, but rather the interests of three
groups of member states, namely the integrationists, the neutral and the Atlanticists.
In order to safeguard its national interest, Portugal must foster cooperation between
the EU and NATO and achieve adequate material, human and financial conditions to
participate in the structured cooperation that will eventually be created. It should also
avoid the path towards specialization of military resources and capabilities, as well as
endeavour to participate in research and development projects under the EDA, enabling
it to maximize the scarce financial resources available.
In turn, in the field of affairs of the sea, it was possible to detect an obvious European
common interest related to the sustainability of the sea’s biological resources. Pursuing
this interest requires the communitarisation of marine living resources. To safeguard
national interests in this field, Portugal should try to prevent the European Commission
from managing the living resources of the continental shelf, and properly monitor the
fishing agreements the EC negotiates with third countries.
In short, within a framework of progressive transfer of sovereignty to the European
institutions on behalf of a common interest, protecting the national interest requires the
close monitoring of negotiations leading to the building of sector strategies and
common EU policies, always bearing in mind the words of Lord Palmerston in 1848 in
the House of Commons : “We have no eternal allies and we have no perpetual enemies.
Our interests are eternal and perpetual, and those interests it is our duty to follow”.
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