A communication disaster called ACTA

During the negotiations of ACTA the participating states did their best to undermine public trust by secrecy and obstinate refusal to publish various documents (Techdirt). When the first batch of countries signed ACTA in October 2011, the EU Commission and Council ignored the occasion (Grahnlaw).

The going is still pretty wild on Twitter under the hashtag #ACTA after the new signing ceremony yesterday for the Anti-Counterfeiting Trade Agreement between the European Union and its Member States, Australia, Canada, Japan, the Republic of Korea, the United Mexican States, the Kingdom of Morocco, New Zealand, the Republic of Singapore, the Swiss Confederation and the United States of America.

The web pages of the European Parliament are accessible again. Actually it was ironic that Anonymous took down the EP pages (New Europe and European Voice), when ACTA was signed for the Council of the European Union and 22 member states (The Register).

How did the European Union inform about the signing?

DG Trade offers us a news archive with the latest items from the past two months – empty. Trade commissioner Karel De Gucht has nothing new on ACTA.

The signing of ACTA has not made it to the front page of the European External Action Service (EEAS), with the Delegation of the European Union to Japan equally dismal.

The Council of the European Union did not deem the ACTA signing in Tokyo worth a press release.

In other words, the EU Commission (DG Trade) and the Council have learnt nothing from their continuing communication disaster among internauts. As incompetent and insensitive as before, the EU institutions seem to act on the presumption that a majority in the European Parliament is (once more) going to do what the governments of the member states want it to do. Public trust is not essential.


Ralf Grahn


P.S. Follow events on Bloggingportal.eu, the multilingual aggregator of euroblogs.

ACTA signed – EU deaf-mute

According to The Mainichi Daily News the Anti-Counterfeiting Trade Agreement (ACTA) was signed today, Saturday 1 October 2011, at the Iikura Guest House in Tokyo, by most of the eleven international partners.

Through the web pages of the Ministry of Foreign Affairs of Japan (MOFA) we find the text of the Anti-Counterfeiting Trade Agreement (ACTA) (May, 2011; 24 pages)

According to MOFA, the Anti-Counterfeiting Trade Agreement (ACTA) was opened for signature on 1 May 2011.

The Ministry of Foreign Affairs of Japan had announced that it will hold the signing ceremony for the Anti-Counterfeiting Trade Agreement (ACTA) on Saturday, 1 October 2011, at Iikura Guest House, Ministry of Foreign Affairs. Ahead of the ceremony MOFA reminded that:

The negotiation has been carried out among Australia, Canada, the European Union and its Member States, Japan, the Republic of Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland, and the United States, and reached a general agreement at the negotiation meeting held in Japan in October 2010, followed by the completion of technical and translation work in April 2011.

The signing ceremony will be attended by the representatives of all the participants in the ACTA negotiations, and those that have completed relevant domestic processes will sign the agreement. The agreement is open for signature until May 1, 2013.

European Union

Even if the European Union was only to attend the signing ceremony, not yet to sign ACTA, I would have expected the European Commission's DG Trade, trade commissioner Karel De Gucht, the European External Action Service (EEAS), the Delegation of the European Union to Japan and the Council of the European Union to be sensitive enough to inform the public about the controversial agreement and the next steps ahead of the event in a visible and active manner.

Nada.



Ralf Grahn

What does the EU want from Liechtenstein?

Our latest blog entry on EU-Lichtenstein relations looked at what the web pages of the European External Action Service (EEAS) and the EU delegation to Switzerland and Liechtenstein offer interested citizens: 'EU communication on EEA and EFTA member Liechtenstein' (24 December 2010), with links to earlier blog posts.

We return to the conclusions from the General Affairs Council (GAC) of the European Union:

Council conclusions on EU relations with EFTA countries; 3060th GENERAL AFFAIRS Council meeting Brussels, 14 December 2010


Conclusions specific to Liechtenstein


In this blog entry we present the GAC conclusions specific to Liechtenstein (points 17 to 24):

PRINCIPALITY OF LIECHTENSTEIN

17. Given its limited human resources, the swiftness shown by Liechtenstein in most areas in adopting European Union legislation and regularly updating its legislation in accordance with the evolving EU acquis is to be commended. The Council welcomes the positive report of the government of Liechtenstein published on the occasion of the 15th anniversary of membership in the EEA.

18. In the period 2008 to 2010, relations between the EU and Liechtenstein have substantially intensified and were marked by positive developments in a number of areas.

19. The Council welcomes the solidarity with the EU shown by the people of Liechtenstein when committing to continue and increase their contribution to the reduction of social and economic disparities in the EEA for the period 2009-2014.

20. Preparations for the association of Liechtenstein to the Schengen acquis are well advanced on both sides. The Council is looking forward to a rapid entry of Liechtenstein into the Schengen area.

21. With regard to cooperation and information exchange in tax matters and the fight against fraud and tax evasion and any other illegal activity to the detriment of the financial interests of the parties, the Council welcomes the commitments taken by the Principality to implement OECD standards on transparency and on tax information exchange and to fight against fraud, and calls on Liechtenstein to continue its efforts in this area. The Council expects a quick and consistent implementation of these commitments in the relationship between Liechtenstein and the EU and all its Member States.

22. Concerning the taxation of savings, the Council welcomes the openness of Liechtenstein to launch negotiations on a revision of the savings taxation agreement to reflect the evolution of the corresponding EU acquis, once the EU has agreed the final text for its review of the savings taxation directive.

23. Considering that the EFTA Surveillance Authority has taken in recent years several decisions relating to state aid granted by Liechtenstein, the Council reiterates its recommendation of 2008 that Liechtenstein assesses all measures applied to industry, services and trade with respect to the definition of state aid provided for in the EEA Agreement, particularly in finance. The Council welcomes the intention of Liechtenstein to reform its tax legislation and looks forward to a reform compatible with state aid legislation. The Council will closely follow the implementation of this reform.

24. With regard to harmful tax practices, the Council encourages the Principality to continue discussions with the EU on the application of the principles and criteria of the EU Code of Conduct on business taxation.

Sticking points

I would have hoped for more information on the web pages of the EU delegation (and links on the EEAS country page) about the entry of Liechtenstein into the Schengen area, as well as quality information about the EU's aims regarding more controversial issues, such as cooperation against fraud and tax evasion, the revision of the savings tax agreement, state aid reform and curtailing harmful tax practices.

In questions such as these the European Union needs to take a more open attitude towards specifying the problems (as it sees them), defining its objectives and publishing reports on progress (or lack of it) in negotiations.

We can also hope for the EU's counterparts to present their positions and arguments transparently, in this case the Principality of Liechtenstein.



Ralf Grahn



P.S. The joint statement by EU High Representative Catherine Ashton and US Secretary of State Hillary Clinton on the post-Presidential elections situation in Belarus (23 December 2010) is an important first call for the respect of democratic principles and human rights in Belarus, after the bankruptcy of the policy of 'constructive engagement' with the last dictator of Europe.

EU communication on EEA and EFTA member Liechtenstein

Our first look at Liechtenstein was the blog post 'EU relations with Liechtenstein (general conclusions)' (22 December 2010), presenting the general remarks including Liechtenstein, but addressed at the EEA or EFTA states as a whole. Then we changed to a Liechtensteinian perspective in 'Principality of Liechtenstein views the European Union' (23 December 2010).

This blog entry tries to look at what a European citizen readily finds about the relations with Liechtenstein on the websites of the EU institutions.

In the background we have the conclusions from the General Affairs Council (GAC):

Council conclusions on EU relations with EFTA countries; 3060th GENERAL AFFAIRS Council meeting Brussels, 14 December 2010


EU materials (EEAS)

Naturally we have to test the newly launched European External Action Service (EEAS) and its recently designed web pages. What can we say about the communication efforts?

I am happy to see that the country page for the Principality of Liechtenstein on the European External Action Service (EEAS) website offers a succinct text about relevant topics. It manges to cram a lot of information and even some forward-looking elements into ten short lines, with links to other pages.

The news links have been updated with the GAC conclusions. There are also 'related links' to websites specific to Liechtenstein (relations).

Among the links in the text, one leads to a page on the European Economic Area (EEA), with a basic description and links to the latest news.

Another text link leads to a fairly comprehensive summary about the Schengen area and cooperation, but not updated since 3 August 2009.

There is also a link to the 2004 agreement with Liechtenstein on taxation of savings.


Liechtenstein treaties

The EU Treaties Office database offers 67 treaties between the European Union and Liechtenstein. Regarding Schengen and the free movement of persons some agreements are not yet in force.


EU delegation to Switzerland and Liechtenstein

Although general news on the front page are posted in English, the web page of the EU delegation for Switzerland and Liechtenstein you land on is in German: Delegation für die Schweiz und Liechtenstein.

In addition to German there are pages in French and Italian, but mainly for Switzerland where these are official languages.

You can find a link to the GAC conclusions on relations with the EFTA members, but only if you look for older news (where the language changes to German). I would expect the EU representations to post these conclusions visibly and permanently on the front page in Iceland, Norway and Switzerland-Liechtenstein.

There is a thematic page (in German): Das Fürstentum Liechtenstein und die EU. The page includes a link to the Europe Day celebration speech by the head of government, Dr Klaus Tschütscher, in Vaduz (11 May 2010).

On the Liechtenstein page I would have hoped for more information about how Schengen implementation advances as well as current aims of the European Union and issues in other policy areas.

Ideally, the new text should offer quality information on the issues the GAC conclusions dealt with in general and sometimes vague terms.



Ralf Grahn



P.S. While the EU institutions still seem to be sleepwalking, Jean Quatremer on Coulisses de Bruxelles takes a stand against the actions by the Fidesz government in Hungary to quell free speech and fundamental freedoms.

Prime minister Viktor Orbán is one of the vice-presidents of the European People's party, so the EPP has a special responsibility to act quickly and decisively to safeguard the founding values of the European Union and protect its own image.

Switzerland: European Union playing seek

Yesterday we looked at some issues between the European Union and Switzerland, but especially for useful information about where the relationship is going. On this count, the own-initiative resolution from the European Parliament was almost the only thing with real informational value unearthed by a quick search: Can’t live with them, can’t live without them: European Union and Switzerland (20 October 2010).

Almost, I said, because I left the public statements by president Herman Van Rompuy and president José Manuel Barroso to this post.

Herman Van Rompuy

Among older news on the EEAS country page for Switzerland we find what president Van Rompuy uttered in public after meeting the president of Switzerland in July:

Remarks by Herman VAN ROMPUY, President of the European Council, following his meeting with Doris LEUTHARD, President of the Swiss confederation; Brussels, 19 July 2010 PCE 169/10

This is what Van Rompuy told the citizens of the European Union after a ‘very fruitful discussion’:

We cover[ed] a lot of ground today. We examined the state of our bilateral relations. More specifically, we have discussed the perspectives for Switzerland’s European integration policy. We have examined the functioning of our relations based on a set of bilateral agreements (more than 120) that unite us. I've expressed [to] the President the importance for these agreements to work well and to be implemented by both sides properly.

We have also discussed how to improve our relations for the future. The EU is convinced on the need to develop the relations with Switzerland on sound legal and political foundations. The EU Council Conclusions of December 2008 laid down the criteria and conditions which must be fulfilled by future negotiations allowing the participation of Switzerland in our internal market and policies.

Such criteria and conditions refer in particular to the acceptance of the evolution of the acquis and its homogeneous interpretation and application.

I know that an important political debate in this regard is taking place in Switzerland, as well as in [the] EU. I've expressed the EU readiness to explore jointly possible solutions to address these questions.

Besides the commonplaces, Van Rompuy left one interesting clue; not to the mandates for ongoing negotiation processes, but a historical reference to Council conclusions from December 2008.

The obvious reference should be the conclusions of the External Relations Council 8 to 9 December 2008, but we come up empty. We fare no better if we check the GAERC General Affairs press release of 8 December 2008. Perhaps it meant the presidency conclusions from the European Council 11 to 12 December 2008? No luck.

'Switzerland' is mentioned in the context of limited issues by the Ecofin Council, the Epsco configuration and the Agriculture and Fisheries formation during December 2008, but I failed to find anything resembling a reset of EU and Swiss relations in general.

The conclusions from the Foreign Affairs Council (FAC) 22 February 2010, available through the EEAS country page news, mentioned Lybia’s conflict with Switzerland and the participation of Switzerland in the Media 2007 programme.

I decided not to trawl through the whole ocean of Council documents in order to find something of value about the future relationship between the European Union and Switzerland.

I think I did enough to reach the following conclusion: The EEAS and Council websites are not particularly helpful. Naturally, there are guidelines and mandates, as well as minute records of how the negotiations are going, but not readily accessible.

José Manuel Barroso

Let us look, instead, how matters have advanced in three months. In a speech in Geneva, Commission president José Manuel Barroso gave some indications of what the European Union wishes for the future (in French): Déclaration du Président Barroso au point de presse avec la Conseillère fédérale suisse Micheline Calmy-Rey (14 October 2010, SPEECH/10/558).

We see the will to streamline procedures, and to improve the adoption and application of EU legislation, but how the changes should be brought about is expressed in public with diplomatic lack of precision:

J’ai surtout encouragé l’ouverture continue de la Suisse pour améliorer l’encadrement institutionnel de nos relations.

J’ai signalé à Mme Calmy-Rey l'importance de rendre nos relations et surtout l'application du droit plus dynamiques et plus uniformes pour une meilleure sécurité juridique. Ceci est dans l'intérêt de nos citoyens et de nos entreprises.

Notamment nous devons progresser sur les aspects horizontaux et institutionnels suivants:
• adoption de nouveau acquis et sa mise à jour dynamique
• mise en œuvre uniforme et harmonieuse; surveillance de l'application de l'acquis dans un cadre institutionnel
• adoption de la jurisprudence européenne
• règlement des différends

C'est sur ces questions que nous devons travailler .C'est essentiel pour permettre aux négociations en cours de progresser.

Le marché intérieur est un ensemble cohérent qui ne peut pas être fractionné. Une participation accrue à notre marché intérieur et à nos politiques demande donc l’acceptation par la Suisse de nos règles communes.

Evidemment, ceci doit se faire dans le respect de la souveraineté du peuple suisse. Nous sommes prêts à explorer comment il est possible de réconcilier nos règles du jeu avec la souveraineté suisse et nous pensons que c'est possible, avec imagination, de trouver cette solution.

Barroso’s public comments itemise the issues concerning the adoption of the EU body of (new) law (acquis) and its homogeneous interpretation and application, but they bring little new to light, when we compare them with what Herman Van Rompuy, the president of the European Council had said three months earlier, in July 2010.

Comment

Switzerland is surrounded by the European Union, so good and ordered relations are a must, or at least highly desirable for both sides. But the EU has hinted that it is tired of the laborious processes entailed by negotiating one bilateral agreement at a time and then administering and adapting each of the 120 treaties bilaterally every time a legal act is amended or the CJEU has given a new interpretation.

However the information on offer from the European External Action Service (EEAS) and the Council of the European Union is neither easily accessible nor particularly illuminating, given the importance of the EU-Swiss relations. The European Union is seeking something, but what exactly?

The gap between existing knowledge and readily accessible quality facts is plainly too wide. The public has been left blindfolded.




Ralf Grahn



P.S. Paolo Maria Grossholz runs a special kind of blog, called A 12 Stelle (evoking the twelve stars of Europe). It is listed on blogger, but instead of traditional blog posts written by the author it functions by highlighting and linking to practically all press releases from the EU institutions which are of interest to enterprises. For the Milan based blogger Italian is the primary language, but otherwise the English version is chosen. In the end, it works like a useful news ticker for corporations and SMEs.

Since I mentioned Bloggingportal.eu the last time, the multilingual aggregator for Euroblogs has added one to its numbers. There are now 676 blogs related to European Union and Council of Europe affairs listed. There is still a need for a few voluntary editors to tag blog posts according to subject. Join the team!

Can’t live with them, can’t live without them: European Union and Switzerland

The relations between landlocked Switzerland and the surrounding European Union are special in many respects. Trade, transport, free movement including migration and cross-border work, banking (secrecy) and tax (evasion) are highly visible ingredients. Here are a few background notes in the form of earlier blog posts and an evaluation of what the EU institutions currently offer interested businesses and citizens.

Grahnlaw blog posts

Internal market: Switzerland at the heart of Europe? (2 February 2010)

Switzerland is a member of the European Free Trade Association (EFTA): EFTA member Switzerland outside EEA and EU (3 February 2010).

Switzerland has previously rejected membership in the European Union (EU) as well as in the European Economic Area (EEA), which extends the internal market to Iceland, Liechtenstein and Norway. Switzerland has concluded a host of bilateral agreements with the EU: EU and Switzerland: Bilateral treaties and challenges (5 February 2010).

Tax matters for Switzerland and the European Union (6 February 2010)

Hot tax row between Germany and Switzerland (7 February 2010)

EU against tax fraud (8 February 2010)

EEAS

Switzerland is not found among the top items on the front page of the European External Action Service (EEAS) this morning.

The EEAS pages are clear and easy to navigate. It is easy to find the country page for Switzerland, with a few basic facts and links to further sources.

The EU delegation for Switzerland and Liechtenstein in Bern offers additional information about the bilateral relations, in German, French and Italian.

The central EEAS pages are short on information about the important Schengen agreement, implemented since December 2008 (admittedly home affairs). They are also vague with regard to political perspectives and aspirations for the future relationship generally, although there are links to two presidential public appearances during the last months, one by Herman Van Rompuy and the latest one by José Manuel Barroso.

Bilateral treaties

Formally, the Treaties Office of the EU today lists 179 bilateral treaties with Switzerland, although in current discussions about 120 treaties is often mentioned as the existing (real) number.

If we look at fresh Council document references, matters concerning Schengen implementation seem to be the run of the mill cooperation issues between EU and Swiss officials (as well as with those from Iceland, Norway and Liechtenstein).

More informative from a general point of view is the European Parliament resolution of 7 September 2010 on EEA-Switzerland: Obstacles with regard to the full implementation of the internal market P7_TA-PROV(2010)0300. It is based on an own-initiative report, procedure file INI/2009/2176.

Comment

My search was not exhaustive or methodical enough to unearth everything, but an attempt to find materials readily available to assess were the relations are heading. Despite the Barroso and Van Rompuy speeches I did not go into in this blog post, with regard to my objective the European Parliament came out on top, because it actually discusses problems and challenges from an important and a fairly broad perspective: trade and the free movement of services and persons (internal market).


Ralf Grahn


P.S. Presseurop is an important resource for people interested in European affairs. It presents itself in the following manner:

Presseurop.eu is a Paris based news website publishing a daily selection of articles chosen from more than 200 international news titles, then translated into ten languages - English, German, French, Spanish, Romanian, Italian, Portuguese, Dutch, Polish and Czech.

The multilingual blog aggregator Bloggingportal.eu brings European online discussions to a screen in front of you, from 675 EU related blogs. A few more voluntary editors are needed for tagging and selecting posts from the listed Euroblogs.

EU Lisbon Treaty implementation: European diplomatic service EEAS

At this stage, the second basic document regarding Lisbon Treaty implementation is the report on guidelines for the future European diplomatic service, more exactly the European External Action Service (EEAS). The member states started work on the EEAS without waiting for a proposal from the High Representative.

Now that the HR has been (s)elected, the invitation to present a formal (detailed) proposals lies waiting for Catherine Ashton.




The presidency conclusions of the European Council 29 to 30 October 2009 (document 15265/09) had this to say about the implementation of the Lisbon Treaty (point 3, page 2):

“The European Council --- It endorses the Presidency's report on guidelines for the European External Action Service (doc. 14930/09) and invites the future High Representative to present a proposal for the organisation and functioning of the EEAS as soon as possible after the entry into force of the Lisbon Treaty with a view to its adoption by the Council at the latest by the end of April 2010. In this context, it also recognises the need, as underlined in the European Security Strategy, for the European Union to become more capable, more coherent and more strategic as a global actor, including in its relations with strategic partners, in its neighbourhood and in conflict-affected areas.”

***


EEAS report



The Presidency report to the European Council on the European External Action Service (23 October 2009, document 14930/09) comprises 34 points on 10 pages.

In this blog post, we are content to quote the last point (34) on the way forward, which offers an overview of the following stages of implementation:

WAY FORWARD

34. There will be several stages before reaching the final shape of the EEAS. The Council will be fully involved throughout the whole process.

• A first stage from the entry into force of the Treaty to the adoption of the Council decision on the organisation and functioning of the EEAS. The HR should submit his/her proposal with a view to it being adopted at the latest by the end of April 2010. For that reason it is of key importance that preparatory work should continue at full speed within the current format in the run up to the entry into force of the Treaty. From the start, as well as having the immediate support of the external relations structures of the Commission and of the GSC, he/she will be supported by a small preparatory team which should be composed of representatives of Member States, Commission and GSC. In parallel to preparations for that decision, work must be carried out to make the relevant adaptations in existing rules, such as the Staff and Financial Regulations with a view to their adoption at the same time as the Council decision on the organisation and functioning of the EEAS. Close contacts with the European Parliament should be continued during this stage.

• A second stage for setting up the EEAS, from the adoption of the Council decision to full cruising speed. A first status report should be made in 2012.

• When the EEAS has been functioning for some time at full speed, there should be a review of the functioning and organisation of the EEAS followed, if necessary, by a revision of the decision. This review should also cover the scope of the EEAS, including delegations' role in consular affairs. Such a review should take place in 2014.

***


Legal base


The legal base, which is mentioned in the presidency report, is Article 27(3) of the Treaty on European Union (TEU), but we take the opportunity to quote the whole Article 27 TEU, which offers an outline of the tasks of the newly elected high representative (OJEU 9.5.2008 c 115/32):

Article 27 TEU


1. The High Representative of the Union for Foreign Affairs and Security Policy, who shall chair the Foreign Affairs Council, shall contribute through his proposals towards the preparation of the common foreign and security policy and shall ensure implementation of the decisions adopted by the European Council and the Council.

2. The High Representative shall represent the Union for matters relating to the common foreign and security policy. He shall conduct political dialogue with third parties on the Union's behalf and shall express the Union's position in international organisations and at international conferences.

3. In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the Member States. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.

***

Formidable challenges lie in wait for the EU’s chief diplomat, Catherine Ashton.




Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu. On most of the blogs you can comment and discuss our common European future.

EU High Representative’s tasks & EEAS

The European Council has selected Catherine Ashton, and she has accepted a huge challenge as the first ”double-hatted” EU high representative for foreign affairs and security policy and vice-president of the EU Commission.



Here is how the Council’s background paper explains the duties of EU’s chief diplomat and the European External Action Service (EEAS):



The High Representative for Foreign Affairs and Security Policy /
The European External Action Service

November 2009


EU High Representative for Foreign Affairs and Security Policy

At the informal meeting in Brussels on 19 November, ahead of the entry into force of the Treaty of Lisbon on 1 December, EU Heads of State or Government agreed on the appointment of Ms Catherine ASHTON as the High Representative of the Union for Foreign Affairs and Security Policy.


What are her duties?

The High Representative exercises, in foreign affairs, the functions which, so far, were exercised by the six-monthly rotating Presidency, the High Representative for CFSP and the Commissioner for External Relations. According to Articles 18 and 27 of the Treaty on the European Union, the High Representative:

• conducts the Union's common foreign and security policy;

• contributes by her proposals to the development of that policy, which she will carry out as mandated by the Council, and ensures implementation of the decisions adopted in this field;

• presides over the Foreign Affairs Council;

• is one of the Vice-Presidents of the Commission. She ensures the consistency of the Union's external action. She is responsible within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union's external action.

• represents the Union for matters relating to the common foreign and security policy, conduct political dialogue with third parties on the Union's behalf and expresses the Union's position in international organisations and at international conferences.

• exercises authority over the European External Action Service and over the Union delegations in third countries and at international organisations.


How will she be appointed?

The European Council, acting by a qualified majority, with the agreement of the President of the Commission, appoints the High Representative.

She is subject, together with the President of the Commission and the other members of the Commission, to a vote of consent by the European Parliament.


Supporting arrangements

In fulfilling her mandate, the High Representative is assisted by a European External Action Service (see below). She benefits from support from the Council and Commission services as appropriate.


Before the Treaty of Lisbon

The previous office of High Representative for the common foreign and security policy was introduced in 1999 (Amsterdam Treaty). Javier Solana has been the EU High Representative for CFSP since then. He assists the Council in foreign policy matters, through contributing to the formulation, preparation and implementation of policy decisions. He acts on behalf of the Council in conducting political dialogue with third parties. The six-monthly rotating Presidency has been in charge of chairing the External Relations Council, representing the Union in CFSP matters, implementing the decisions taken and for expressing the EU position internationally.


European External Action Service

Article 27(3) TEU constitutes the legal basis for the Council decision on the organisation and functioning of the EEAS.

“In fulfilling his mandate, the High Representative shall be assisted by a European External Action Service. This service shall work in cooperation with the diplomatic services of the Member States and shall comprise officials from relevant departments of the General Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic services of the member states. The organisation and functioning of the European External Action Service shall be established by a decision of the Council. The Council shall act on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.”

On 30 October 2009, the European Council agreed on guidelines for the European External Action Service (EEAS) (doc. 14930/09). The future HR was invited to present a proposal for the organisation and functioning of the EEAS as soon as possible after the entry into force of the Lisbon Treaty, with a view to its adoption by the Council at the latest by the end of April 2010.


What is the EEAS?

According to the guidelines adopted by the European Council in October 2009, the EEAS will be a single service under the authority of the High Representative. The EEAS will have an organisational status reflecting and supporting the High Representative's unique role and functions in the EU system.


What will it do?

The EEAS will help the High Representative ensure the consistency and coordination of the Union's external action as well as prepare policy proposals and implement them after their approval by Council. It will also assist the President of the European Council and the President as well as the Members of the Commission in their respective functions in the area of external relations and will ensure close cooperation with the Member States. The EEAS should be composed of single geographical (covering all regions and countries) and thematic desks, which will continue to perform under the authority of the High Representative the tasks currently executed by the relevant parts of the Commission and the Council Secretariat. Trade and development policy as defined by the Treaty should remain the responsibility of relevant Commissioners of the Commission.


How will it be staffed?

EEAS staff will be appointed by the High Representative and drawn from three sources: relevant departments of the General Secretariat of the Council, of the Commission and of national diplomatic services of the Member States. Recruitment will be based on merit, with the objective of securing the services of staff of the highest standard of ability, efficiency and integrity, while ensuring adequate geographical balance.


Crisis management structures

In order to enable the High Representative to conduct the European Security and Defence Policy (ESDP), the EU's crisis management structures should be part of the EEAS while taking full account of their specificities. These structures will form an entity placed under the direct authority and responsibility of the High Representative.


What will be its legal status?

The EEAS should be a service of a sui generis nature, separate from the Commission and the Council Secretariat. It should have autonomy in terms of administrative budget and management of staff. The EEAS will have its own section in the EU budget, to which the usual budgetary and control rules will apply. The High Representative will propose and implement the EEAS budget.


How will it be financed?

The establishment of the EEAS will be guided by the principle of cost efficiency and aimed towards budget neutrality. A limited number of additional posts for Member States' temporary agents will probably be necessary, to be financed within the framework of the current financial perspectives.


EU Delegations

The Commission's delegations will become Union delegations under the authority of the High Representative and will be part of the EEAS structure. Delegations will contain both regular EEAS staff (including Heads of Delegation) and staff from relevant Commission services. All staff should work under the authority of the Head of Delegation. EU delegations will work in close cooperation with diplomatic services of the Member States.. They should play a supporting role as regards diplomatic and consular protection of Union citizens in third countries.


***


Comments


I have seen that the choice of a UK national as high representative and vice-president has been criticised by William Hague and other opposition Tories, who say that they would have preferred an economic portfolio in the EU Commission.

As I have stated before, I see the chief diplomat’s post as more important than any one economic Commissioner’s post. Admittedly, I am not trying to score points with the City of London.

On the other hand, Labour leader Gordon Brown have made a huge gamble by nominating Catherine Ashton, without much foreign policy experience, and none visible in security and defence policies, so we have to see how she will be able to master her new brief in the build-up phase of EU diplomacy under the Lisbon Treaty.



Ralf Grahn



P.S. Do you find EUSSR myths fascinating? Are we EU citizens worth a better European Union? Read some or all of the 481 Euroblogs aggregated on multilingual Bloggingportal.eu, and discuss our common European future.