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Marie-Jeanne Capuano

Director EU Programmes

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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

Clearing the Way





        On 25 October 2010, the Foreign Affairs Council in Luxembourg has given the final approval to the EEAS arrangements. This compromise paved the way to launching the diplomatic service on 1st December. The EEAS has been fully operational since 1st January 2011.



       Reaching a Deal



On 20 October, during a plenary in Strasbourg, the European Parliament (EUROPARL) has reached a first-reading agreement on the three pending issues currently hindering the development of the EEAS: staffing , finances and 2010 budget.

On 25 October, the Foreign Affairs Council has confirmed the compromise agreed the previous week. The official position can be read in the document MEMO/10/521 issued by the EEAS. The adoption of the amendments to Staff Regulation and Financial Regulation makes the legal decision establishing the EEAS operational.

At first glance, this compromise sounds mutually beneficial. Regarding finances, EUROPARL has secured its influence on budget and EEAS is considered an EU institution in the management of its administrative budget. Regarding staffing, EUROPARL has not optimized its scrutiny but EEAS is committed to respect some formal principles.

        Compromise on Staffing

The Legal Affairs Committee of EUROPARL has released a proposal for amendments to the staff rules on 18 October. Summarizing the requirements and principles raised during discussions, this proposal was a step back from the previous positioning of EUROPARL. However, it was considered the reference document for EUROPARL discussions in Luxembourg.

The chart below presents the options expressed by MEPs during recent discussions:

Evolution on Staffing

Issues

MEPs

Initial Requests

Luxembourg

Compromise

Staffing

Regulations

    Geographic balance

    Gender balance

    Redress measures until 2020

    No quotas

   No measure

   Fair repartition

   Representativeness

Staffing

Requirements

   Selection procedure for future "Ambassadors"

    Hearing of future "Ambassadors"

    Training for future "Ambassadors"

    Regular audition of "Ambassadors"

   Accountability of senior officials

    No hearing

   No examination

   Training for budget

Staffing

Principles

    Yearly detailed report on staff management



   Provisions for priciples

   No report before 2013

In addition to the 20 October compromise, a series of formal statements of the HR has confirm her commitment to promoting gender and geographic balance. An annual monitoring of progress has been agreed, as well as an overall report to the European Parliament, the Council and the Commission by mid-2013.

        Compromise on Budget

The Luxembourg compromise has confirmed most of the elements proposed for a "strident budget control" by the Budget and Budgetary Control Committees. More arrangements will be necessary to clear MEPs democratic control on secondary issues than have the potential to seriously impact the future management of EEAS.

The chart below presents the options expressed by MEPs during recent discussions:

Evolution on Budget

Issues

MEPs

Initial Requests

Luxembourg

Compromise

Financial

Regulations

   Budget autonomy

   Discharge required

   Alignment in the general EU budget

   Full control of EUROPARL

   Commission manages

     operational budget



      All points agreed

Financial

Requirements

   Specific budget lines for major

    overseas operations

   Detailed budget reporting from "EU

    Embassies"

Hearing of "Ambassadors"

   Scrutiny arranged for

     operations budgets



   No direct scrutiny

     on "Embassies"

Attend the discharge

    procedure

Financial

Principles

   Maximum transparency

Activity-based management

Separation of administrative

    and operational expenditures

Breakdown of expenditures

    in all reporting process



       To be arranged further



EU Foreign Affairs ministers have endorsed and confirmed the compromise arranged with EUROPARL. Therefore, the EEAS will be considered an EU institution in the management of its administrative budget:

First, the EEAS in practice will be subject to the same discharge procedure as the Commission. Second, EEAS officials will attend and provide information during the discharge procedure. Third, until further notice, the Commissions internal auditor will act as internal auditor for the EEAS. This arrangement will be reviewed in 2013.

The EU "Ambassadors" will be personally responsible for the management of EU Funds. They report to HR but receive a subdelegation from the Commission, who has the overall responsibility for the financial execution of these funds.







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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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