Marie-Jeanne Capuano

Director EU Programmes

+32 (0)470 693 060

contact@diplomacystrategy.org

 

 

 

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DIPLOMACY & STRATEGY

Winning the Future 

 

 

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 EEAS FOCUS

 

Navigating the EU Diplomacy

 

 

The Lisbon Treaty has introduced an unprecedented transformation in the EU Institutions. As the buttress of all the future international activity of Europe, the European External Action Service (EEAS) is now a key player. Diplomats and experts from non-EU countries face the challenge of understanding and navigating the new EU environment. The EEAS FOCUS series provides insights into this evolution. 

 

 

Updated 15 March 2011

 

Enduring Process

 

 

 

        The inclusion of provisions for the European External Action Service (EEAS) within the Lisbon Treaty is an opportunity to develop significant foreign policy capabilities and confirm the EU as a global player. The Lisbon Treaty finally entered into force on 1 December 2009. This is a founding event for the EEAS. 

  

    

        Experts at Work

 

After preliminary studies, initiatives and discussions at the EU Council, a preparatory group has been established by the HR in January 2010 to advise on the EEAS. This "steering committee" brings together experts from the Council and the Commission but no representative from the European Parliament. There is no political mandate or technical deadline for the work ahead: the mission of the Committee should extend over 3 (or more) presidencies.             

 

 

 

    

        Uphill Battle

 

        The creation of the EEAS was rpoduced by a compromise between all the components of the European Union: the 27 member States, the European Commission and the European Parliament.    

 

What does the Lisbon Treaty states?

 

Article 27 (Paragraph 3) reads "The organisation and the 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".

 

 

 

Different perspectives have surfaced from the discussions, highlighting the political rift on what kind of institution the EEAS should be. 

The 27 EUMS want to make sure that foreign policy is a matter for full sovereignty. They want CFSP and CSDP to remain "2nd pillar" dossiers under intergovernmental approach. The COREPER and the Foreign Affairs Council should keep a final say. For them, the EEAS should be a facilitator. 

 

• The EU Commission has developed an outstanding international capacity through  its existing Directorates (DG RELEX, DG DEVE) and tools (ECHO). This body is ready to walk one step further towards some kind of "integrated" or "communitarian" foreign policy while keeping  exclusive responsibility over significant aspects of EU external actions (such as Trade and Enlargment). For the Commission, the EEAS, should be a coordinator. 

 

• The European Parliament consider that the international action of the EU should be debated upstream (definition) and downstream (evaluation). MEPs strive to strengthen their political capacity and to develop consultation. The control over EEAS budget, financial and staff regulations is at stake. For them, the EEAS should get limited autonomy. 

       

                            

 

 

     Serial Discussions    

 

In December 2009 European summit asked Catherine Ashton to present a proposal on the organization and functioning of the EEAS, with a view to its adoption by the end of April 2010.

On 26 April EU ministers reached a "political agreement" on the EEAS but the European Parliament delivered a clear message that the proposal did not address basic requirements regarding transparency and accountability. The stand-off lasted until 21 June, when the Spanish Presidency reached a compromise regarding the organization and operation of the EEAS.

The last step of this 3-month bickering did not come before the end of July. On 26 July 2010, the Council has adopted a decision establishing the European EEAS and setting out its organisation and functioning.

 

 

 

 

 

        Milestone

 

The Decision of 26 July 2010 launched the kick-off process. To date, the job is far from being finished. With the Lisbon Treaty, the European Parliament has gained further influence. From the debates of the definition phase, MEPs have gained a say over several key issues for the EEAS. Two important political rendez-vous have been scheduled in 2012 and 2014 in order to examine the development of the EEAS.

 

 

 

 

 

 

 

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 EEAS FOCUS

 

 

The Lisbon Treaty has introduced an unprecedented transformation in the EU Institutions. As the buttress of all the future international activity of Europe, the European External Action Service (EEAS) is now a key player. Diplomats and experts from non-EU countries face the challenge of understanding and navigating the new EU environment. The EEAS FOCUS series provides insights of this evolution.

 

 

 

Tracking Development Dossiers

 

Marie-Jeanne Capuano

Director EU Programmes

+32 (0)470 693 060

 

 

 

 

New Portfolios

 

 Previously, the Belgian Commissioner Louis Michel was in charge of Development (DG DEV) and Humanitarian Aid (ECHO Office).

 

The new Commission (Barroso II 2009-2014) comes with important changes in portfolio. Development  is now under the responsibility of  Commissioner Andris Piebalgs at DG DEV. Humanitarian Aid (ECHO) hase been transferred to the leadership of Kristalina Giorgieva, a new Commissioner for International Cooperation, Humanitarian Aid and Crisis Response.

 

 

New work process

 

Regarding the Development and Cooperation agendas, the Decision of 26 July 2010 establishing the EEAS provides some concise features regarding the coming collaboration between the EEAS and the Commission.

 

The management of the EU's external cooperation programmes remains under the responsibility of  the DEV Commissioner. However, depending of the dossier, the EEAS contributes all along the process. Some proposals and initiatives should be prepared by the EEAS following the Commission's procedures and will be submitted to the Commission for adoption. The EEAS has competencies on the whole cycle of definition, preparation, planning, development, implementation and evaluation phases.

 

 

Co-decision Principle

 

This provision applies for dossiers related to the European Development Fund and the Development Cooperation Instrument.

 

These dossiers benefit from a specific provision organizing a co-decision between DG DEV and the EEAS. Proposals, changes and programmes will be prepared jointly by relevant services of the EEAS and of the Commission.

 

The DEVE Commissioner oversees this process. Therefore, before the first phase of the consultation process, he is responsible of an upstream coordination bringing together services from other DG (Development, Environment, Energy, …) under the supervision of DG DEV. Decisions proceed from an initial collective examination and shall be submitted jointly for adoption by the Commission.

 

 

 

 

A la carte Consultations

 

This provision applies for dossiers regarding other thematic programs. Cross-cutting dossiers are concerned. There is no list of specific issues but this wide-ranging concept related to 

 

  "political topics" such as Democracy promotion, gender balance, and Human Rights;

  "non political" topics such as sustainable environment or emergency aid.

 

 

Decisions, proposals, changes and initiatives shall be prepared by the appropriate Commission DG under the guidance and supervision of the DEVE Commissioner and presented to the College of 27 Commissioners in agreement with the HR.


 

 

 

Recommendations

 

The existing arrangements for organisation and functioning are poorly defined. This change challenges the institutional balance and the principle of “separation of powers” inside the EU. From the new configuration of the EU system for External Action, experts outline a risk of conflicts of interests, colliding agendas, information retention, overlapping of resources and duplication of efforts.

 

For Representations from non-EU countries in Brussels, there is no way for a “business as usual” approach. While the cards are currently being reshuffled, the rule of the game is changing. The policy-making process may become less transparent. The decision-making process may become time-consuming. Additional complexity and further uncertainties can hinder the dialogue with the EU.

 

In this context, it is crucial that non-EU countries get a clear picture of the new responsibilities and competences regarding Development, Cooperation and other strategic issues. The capacity of re-mapping the EU environment can provide a competitive advantage in discussions and negotiations

 

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