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.”

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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.

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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.

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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.


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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.

European External Action Service (EEAS) - Preparatory work

The European External Action Service (EEAS) will work in cooperation with the diplomatic services of the member states and it will 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.

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Establishment

The EEAS is one of the important Lisby Treaty reforms.

The organisation and functioning of the European External Action Service will be established by a Council decision, on a proposal from the High Representative after consulting the European Parliament and after obtaining the consent of the Commission.

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Preparation

According to Lisbon Treaty Declaration (No 15) on Article 27 of the Treaty on European Union stated that as soon as the Treaty of Lisbon is signed, the Secretary-General of the Council, High Representative for the common foreign and security policy, the Commission and the Member States should begin preparatory work on the European External Action Service.


As usual, the Council has been less than zealous in informing the public on the preparatory work.

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Benelux leak?



The only breach has been the memorandum of the Benelux countries (Belgium, the Netherlands and Luxembourg), which has found its way into the public domain, for instance Jamie Smyth’s blog post “The Benelux strikes back against Blair” (EUobserver, 6 October 2009).



Nicolas Gros-Verheyde presents the Benelux position on the EEAS in “L’avis du Benelux sur le futur service européen d’action extérieure” (Bruxelles2, 8 October 2009), with a link to the whole document and discussion about other aspects of the memo in other blog posts.




Patrice Cardot also presents the memorandum and comments on it in “Mise en oeuvre du traité de Lisbonne : le point de vue du Bénélux” (Regards citoyens, 8 October 2009). There is a link to the document.


I did not find the Benelux position paper on any official web site, so it has probably been leaked. Positive for the free flow of information, but lower marks for openness as a fundamental principle of policy making.


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European Parliament

Grosso modo, the European Parliament is the only EU institution which has prepared its opinions about Lisbon Treaty implementation in public. A number of resolutions were prepared and voted last spring (and presented on this blog).

Yesterday’s Grahnlaw blog post ‘EU “diplomatic service”: All shock and horror?’ mentioned the Draft report on the institutional aspects of setting up the European External Action Service (Committee on Constitutional Affairs AFCO, 23 September 2009, rapporteur: Elmar Brok).



The Committee on Foreign Affairs (AFET) is preparing an opinion for AFCO: Draft opinion on the institutional aspects of setting up the European External Action Service (25 September 2009, rapporteur: Annemie Neyts-Uyttebroeck).



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The Council and the Commission have done little to inform the public about preparatory work for the implementation of the Lisbon Treaty. When the democratic approval has been attained in 27 EU member states, there are few excuses left for leaving the public in the dark.

Openness is the first test of the Lisbon Treaty.

Where are the documents?

Where are the candidates?



Ralf Grahn

EU “diplomatic service”: All shock and horror?

Bruno Waterfield is one of the knowledgeable British journalists covering the European Union, but somehow The Telegraph seems to have a craving for shock and horror with regard to the European Union. Sinister global power ambitions, secret dealings, dubious legal personality for the EU, “embassies” and high symbolism are sprung on an unsuspecting British public in “EU draws up plans to establish itself as a ‘world power’ ” (7 October 2009).

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After a few predictably shocked commentators with an immaculate Euroskeptic (= anti-EU) pedigree, deep down the article explains that the European Community has been able to negotiate international treaties for ages.

The Lisbon Treaty merges the separate European Community into the European Union, which inherits the legal personality.

The European External Action Service (EEAS) is part of the Lisbon Treaty, so preparatory work is finally under way after the treaty was democratically approved in Ireland, the 27th and last member state.

Some preparatory work is always needed before publication, in any administration.

Hopefully, the proposals are going to be made public before the Council and the European Council decide on the practical steps to implement the Lisbon Treaty.

The Swedish Presidency of the EU Council has an opportunity to foster a new and better culture of openness, still in its infancy with regard to the Council. All issues pertaining to the implementation of the Lisbon Treaty are of interest to the public.


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European Parliament



The European Parliament wants the European External Action Service to be subject to parliamentary scrutiny, as shown by the 6 October 2009 press release “EU diplomatic service: Parliament urged to fast-track its position”.

The press release contains a summary of what the EEAS is about:

“Consisting of officials from the Commission, Council and Member States, the EEAS will assist the High Representative for external relations. The Council will decide how to organise the service on the basis of a proposal from the High Representative.”

The concerns of the European Parliament arise from the fact that important areas of EU external action – foreign and security policy – are subject to intergovernmental cooperation in a pre-democratic union, which means that the role of the Parliament is not fully developed.

The press release quotes the Socialist shadow rapporteur Adrian Severin (S&D, RO):

"We do not yet have a coherent European foreign policy. Thus, we should have coherent institutional arrangements.”



Those, who are interested in the European Parliament’s views, can read the Draft report on institutional aspects of setting up the European External Action Service, by the Committee on Constitutional Affairs (AFCO) (23 September 2009; rapporteur Elmar Brok).

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The European Union is not going to become a world power by rearranging and enhancing the European Community’s foreign representations, but it is a step towards an improved presence for Europe in the capitals of the world.

Openness is one way to reduce the amount of sensationalist reporting.



Ralf Grahn

EU Treaty of Lisbon: CFSP implementation

Can the European Union speak with ‘one voice’ in the world? The Reform Treaty brings about considerable improvement, if the EU is able to make up its mind. Preparation, representation and implementation are all enhanced through the renewed office of the High Representative of the Union for Foreign Affairs and Security Policy and by the European External Action Service to be established.

The long overdue reforms of the common foreign and security policy (CFSP) and of the common security and defence policy (CSDP) can lead to improved security and prosperity for the citizens of the Union, but the institutional arrangements lack openness, transparency and democratic accountability.

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The existing Article 18 of the Treaty on European Union (TEU; latest consolidation OJ 29.12.2006 C 321) says:

“Article 18

1. The Presidency shall represent the Union in matters coming within the common foreign and security policy.
2. The Presidency shall be responsible for the implementation of decisions taken under this title; in that capacity it shall in principle express the position of the Union in international organisations and international conferences.
3. The Presidency shall be assisted by the Secretary-General of the Council who shall exercise the function of High Representative for the common foreign and security policy.
4. The Commission shall be fully associated in the tasks referred to in paragraphs 1 and 2. The Presidency shall be assisted in those tasks if need be by the next Member State to hold the Presidency.
5. The Council may, whenever it deems it necessary, appoint a special representative with a mandate in relation to particular policy issues.”

Article 26 TEU in force says:

“Article 26

The Secretary-General of the Council, High Representative for the common foreign and security policy, shall assist the Council in matters coming within the scope of the common foreign and security policy, in particular through contributing to the formulation, preparation and implementation of policy decisions, and, when appropriate and acting on behalf of the Council at the request of the Presidency, through conducting political dialogue with third parties.”

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The broadly based Convention proposed a clear upgrading of the conduct foreign policy and the representation of the European Union by creating the office of a Union Minister for Foreign Affairs; draft Constitutional Treaty Article III-197 (OJ 18.7.2003 C 169):

“Article III-197

1. The Union Minister for Foreign Affairs, who shall chair the Council of Ministers for Foreign Affairs, shall contribute through his or her proposals towards the preparation of the common foreign and security policy and shall ensure implementation of the European decisions adopted by the European Council and the Council of Ministers.
2. For matters relating to the common foreign and security policy, the Union shall be represented by the Union Minister for Foreign Affairs. He or she shall conduct political dialogue on the Union’s behalf and shall express the Union’s position in international organisations and at international conferences.
3. In fulfilling his or her mandate, the Union Minister for Foreign Affairs shall be assisted by a European External Action Service. The service shall work in cooperation with the diplomatic services of the Member States.”

(Article III-197(3) referred to the Declaration on the creation of a European External Action Service.)

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The Treaty establishing a Constitution for Europe (OJ 16.12.2004 C 310) Article III-296 took over Article III-197(1), slightly altered the wording of paragraph 2 and added words on the European External Action Service (originating in the Declaration proposed by the Convention). The resulting Article III-296(3):

“Article III-296(3)

3. In fulfilling his or her mandate, the Union Minister for Foreign Affairs 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 the 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 European decision of the Council. The Council shall act on a proposal from the Union Minister for Foreign Affairs after consulting the European Parliament and after obtaining the consent of the Commission. “

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The IGC 2007 Mandate (Council document 11218/07, point 1) abandoned the constitutional concept and (point 3) stated that the “Union Minister for Foreign Affairs” will be called High Representative of the Union for Foreign Affairs and Security Policy.

In addition to the reverting to the “High Representative”, there are only minor changes to the wording of the Constitutional Treaty in the Lisbon Treaty.

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Some remarks by your glossator:

There is to be no Union Minister for Foreign Affairs, but the substance of the innovations proposed by the Convention is maintained in the renewed office of High Representative of the Union for Foreign Affairs and Security Policy.

The High Representative is going to chair the Foreign Affairs Council, to lead the external action of the European Commission and to lead the European External Action Service, which will combine resources of the Council Secretariat, the Commission and seconded officials from national diplomatic services.

The High Representative is going to prepare proposals for the Foreign Affairs Council and to implement its decisions. He is going to represent the EU in international organisations and at international conferences. EU accession to and representation in international organisations could do much to give the Union a stronger voice in world affairs.

One could say that the ‘double-hatted’ High Representative/Vice-President acts before, during and after. Internal coordination is improved and the chances for consistent policies enhanced. These innovations translate into more security and prosperity for citizens of the European Union.

Cumbersome decision making and the temptation for Member States to fly solo, including national representation in the Security Council of the United Nations, detract from the possibilities for concerted European action on the world stage.

Openness, transparency and democratic accountability at the EU level remain underdeveloped concerning the CFSP and the CSDP.

Our common challenges have moved ‘upstairs’, and the institutional arrangements mount a few steps, but the elected representatives of the citizens (EP) are left on the ground floor.

The Lisbon Treaty cannot remain the last word on institutional reform.

The selection processes for the President of the European Council and the High Representative/Vice-President are going to highly informative as to the ‘state of the Union’ concerning openness, transparency and accountability. Will we citizens know who the candidates are, will they campaign openly, and how are their merits going to be weighed and debated? Or are we supposed to stand by idly, waiting for white smoke to rise from the Conclave?

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The Treaty of Lisbon (OJ 17.12.2006 C 306) inserts an Article 13a TEU.

Article 13a

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.

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A long time has already passed since the proposals of the Convention. The Member States have agreed to start preparations for the European External Action Service. Declaration (number 15) on Article 13a of the Treaty on European Union states:

“The Conference declares that, as soon as the Treaty of Lisbon is signed, the Secretary-General of the Council, High Representative for the common foreign and security policy, the Commission and the Member States should begin preparatory work on the European External Action Service.”

(The Constitutional Treaty contained a corresponding declaration.)


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If the entry into force of the Lisbon Treaty is delayed, the Member States have agreed on guidelines for the transition.

The intergovernmental conference (IGC 2007) approved a Declaration (number 8) on practical measures to be taken upon the entry into force of the Treaty of Lisbon as regards the Presidency of the European Council and the Foreign Affairs Council:

“In the event that the Treaty of Lisbon enters into force later than 1 January 2009, the Conference requests the competent authorities of the Member State holding the six-monthly Presidency of the Council at that time, on the one hand, and the person elected President of the European Council and the person appointed High Representative of the Union for Foreign Affairs and Security Policy, on the other hand, to take the necessary specific measures, in consultation with the following six-monthly Presidency, to allow an efficient handover of the material and organisational aspects of the Presidency of the European Council and of the Foreign Affairs Council.”

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Next time we look at CFSP decisions.


Ralf Grahn