Spain and the United States will sign in the first months of this year the agreement that will regulate the stationing of two new missile-launched destroyers at the naval base in Rota (Cádiz), announced by US President Joe Biden and the Chief of the US Army The Spanish government, Pedro Sánchez, was asked during the visit the former made to the NATO summit in Madrid in June, government sources said. The first of these two ships, each with 300 crew members, is expected to arrive in Spain in 2024 and the second in the following year or in 2026, according to the schedule presented to Spanish authorities by the US Department of Defense.
Although the inclusion of the two new destroyers, which will join the four already stationed at the Cadiz base, will mean a 50% increase in the US Navy’s presence in Spain, the defense and foreign ministries are directly involved in the negotiations. They are believes that this does not require any reform of the current defense agreement with the US and can be done through a mere administrative agreement. For this reason, there are no plans to subject the increase in troops to Cortes ratification, unlike the previous three amendments to the agreement – in 2002, 2012 and 2002 – unless there is a change in the criteria in 2015— but only inform about it.
This decision will avoid the picture of a split vote in parliament between the two government partners – Unidas Podemos has already said it will not support increasing the US military presence in Spain – although it will have to be approved in the Council of Ministers, where both sit not addressing the reform of the country However, the military agreement with Washington has a side effect: the validity of the current text, which expired in May 2021, cannot be extended.
The Defense Cooperation Agreement between Spain and the United States was signed in December 1988 and was valid for eight years, but the first two times it was amended (to regulate the activities of the naval and United States Air Force intelligence agencies in Spain and to include the arrival of the first four destroyers in Rota) its validity was extended for the same period until May 21, 2021. Since then, Article 59.2 of the agreement has been in force, according to which it is automatically extended by six months before its end, neither party condemns him. As it was not terminated before November 21, its validity was extended to May 2024.
Having the US armed forces as a tenant with a contract that expires annually can create legal uncertainty, but the sources consulted claim that Washington knows Spain is a solid ally and that even if the ruling party says so, that connection will not change does.
From a legal point of view, the matter is contentious, since the bilateral agreement has the status of a state treaty for Spain (but not for the USA) and requires the approval of the Cortes. The enumeration of the units stationed at Rota appears in an appendix, but is part of the agreement itself under Article 69.1, which is why the arrival of the four ships has been submitted to Congress for ratification.
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However, the second protocol of amendments, which authorized the use of the destroyers, states that the two countries may enter into “administrative agreements in development, if necessary, provided that such agreements are consistent with the Agreement and with respective country laws. Government sources interpret that as a result of this article, an “administrative agreement” could serve as an umbrella for the strengthening of Rota (Cádiz).
Other sources add that in any event, the U.S. personnel cap set out in the Rota base agreement would not be exceeded: 4,250 troops and 1,000 civilians. In September 2021, actual American presence was capped at 3,200 troops and 450 civilians, 70% of what was authorized. Also, the six destroyers would never be in Rota at the same time, they add, as there are always more than one sailing or in dry dock due to breakdowns or maintenance.
If the government were to submit the arrival of the new destroyers to Congress, it could not count on some investiture partners and would probably need the approval of the PP. Although it is unthinkable that Alberto Núñez Feijóo would boycott military cooperation with Washington, bridges between the executive branch and the main opposition party have been burned and mistrust reigns, even in matters of state.
In addition to the political debate, there is the economic one. The increase in the number of destroyers means more work for the Navantia shipyards, which the Navy has promised to maintain their ships in Rota for a maximum of 822 million euros until 2028.
Four more modern destroyers and with “roosters”
The four Arleigh Burke-class destroyers arrived in Rota between February 2014, the first of which was the USS Donald Cook, and September 2015, the last being the USS Carney. Equipped with the Aegis combat system, they form the naval component of the missile defense shield that NATO approved for deployment in 2010 to protect against a hypothetical ballistic missile attack from countries such as Iran and North Korea (then Russia was still considered a partner) and includes missile-firing ground bases in Poland and Romania, and a radar in Turkey. But that’s not the only mission the Pentagon has entrusted to them: They frequently conduct surveillance and deterrence patrols in the Black Sea, and in April 2017 two of those ships launched 59 Tomahawk missiles in retaliation for the use of chemical weapons. by the regime of Bashar al-Assad.
As of May 2020, the Navy has replaced the destroyers originally based at Rota with four more modern ones: USS Arleigh Burke, USS Roosevelt, USS Paul Ignatius and USS Bulkeley. After the arrival of the latter, in August the replacement of the ships of Destroyer Squadron 60, which make up the Advanced Deployment Naval Forces in Europe (FDNF-E), was completed. The new ships have a helicopter on board, unlike the previous ones, which led to the deployment of a Naval Attack Helicopter Squadron (HSM-79) known as the Griffins (Griffins, the mythical creature with lions) to Rota Base in June Claws and Eagle Wings), equipped with MH-60R Seahawk aircraft.
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