The outline of the future European External Action Service (EEAS) is beginning to take shape. At the rate of two Committee of Permanent Representatives’ (Coreper) meetings per week, the Swedish EU Presidency is doubling its efforts and wants to reach an agreement at the summit of 29-30 October on guidelines regarding the operation of the service (field of application, legal status, staff, budget) in order that it may quickly be set up following the entry into force of the Lisbon Treaty. This so-called ‘European diplomatic service’ is one of the main innovations of the treaty and aims to support the new high representative (HR), who will also be vice-president of the Commission, in his missions, namely: managing the Union’s foreign and security policy, maintaining external relations and ensuring the coherence of EU external action. It will be made up of civil servants from the Council, the Commission and diplomats from member states, and could employ more than 5,000 staff in total, depending on the scope, which will eventually be decided upon.

AUTONOMOUS SERVICE

According to a note by the Presidency, in which it provides a progress report on the work, the EEAS will be a sui generis entity, separate from the Commission and the Council Secretariat, with autonomy in terms of budget and the management of staff. This point has been contested by the European Parliament (see separate article), which is demanding that the service be integrated into the Commission in order to have greater control. This measure is unacceptable to member states. “The European Parliament must not act as if it were the US Senate. Can we picture a British diplomat under the authority of the Commission?” protested a diplomat from a large member state. In fact, the large member states (led by the United Kingdom and France) with a global diplomatic network have their hands on this dossier. “We must be realistic; we cannot talk about external policy without having the leadership of the large member states, and Parliament must accept this,” acknowledges a diplomat from a small member state. While the Parliament’s opinion is only consultative with regard to the creation of the EEAS, it will, on the other hand, have its say on the budget to be proposed by the HR and approved according to the customary procedure.

WHO WILL MANAGE DEVELOPMENT AID?

Concerning the field of application, the EEAS will be composed of thematic and geographical desks, which will carry out the tasks currently undertaken by DG External Relations (including Neighbourhood Policy) and the Council Secretariat. The question still under debate is the incorporation of units from DG Development, the debate dividing those for whom development aid is a specific policy and those for whom it is part of the EU’s global external policy. Several member states thus believe that political relations with the ACP (African, Caribbean and Pacific) countries should be integrated into the EEAS so that they are no longer “the turf of the development commissioner, as was the case under Louis Michel, who was considered to be the EU representative in Africa,” according to a diplomat. In the name of this coherence, some would also like the HR to be responsible for certain financing instruments for cooperation policy. But External Relations Commissioner Benita Ferrero-Waldner indicated, on 19 October, that discussions were more directed towards a development commissioner with a role “rather similar than today. He will have the say on the European Development Fund”.

Trade and enlargement will not be integrated into the EEAS, because the Commission has exclusive competence over trade negotiations and membership negotiations. Nevertheless, the high representative, as vice-president of the Commission, will, in any case, have his say, which is an important aspect for the large member states. “None of these policies exist isolated. Trade and development have security aspects. We need to use all the tools,” acknowledged Ferrero-Waldner. Likewise, consultation procedures must be established between the EEAS and Commission services of a significant external dimension (energy or transport, for example).

The objective is also to integrate the European Security and Defence Policy in particular structures for crisis management, civil and military operations and committees, such as the Situation Centre (SitCen), responsible for providing risk analyses. Servicemen from the member states who are stationed in Brussels (the EU Military Committee) could maintain a separate status. “In the end, the EU’s response to a crisis situation will be more global and the high representative will be able to react more quickly,” considers Ferrero-Waldner.

DIPLOMATS AND EUROCRATS

Abroad, the structure of the EEAS will be assured by some 130 delegations from the Commission, which will become  ‘delegations of the European Union’, under the responsibility of the HR. They will take on the role exercised until now by the rotating Presidency of the EU, in terms of the coordination and local representation of the EU. While member states will not abolish their embassies, “the intention is, nevertheless, that they will make staff savings because embassies will only focus on national tasks,” underlines a diplomat.

At the staff level, member states insist that the EEAS should operate at full capacity and that at least a third of EEAS members, including delegations, should be diplomats seconded from member states. “The most difficult issue to be settled internally relates to the status of these diplomats. Will they want to monopolise the best positions, to the detriment of civil servants, and how will they be divided between the 27,” anticipates a civil servant. For example, with regard to the Middle East, there is currently a special EU representative, a director at the Council and a director at the Commission. All of this must be integrated with, in addition, the arrival of national diplomats. And all of this must be carried out at “constant costs,” without an increase in the EU budget.

NO ‘BIG BANG’

Therefore, there will be no ‘big bang’ in the setting up of the EEAS, which will be done in several stages. The first phase will begin after the entry into force of the Lisbon Treaty and last until the adoption of a decision by the Council. In fact, once appointed, the high representative must make a proposal on the creation of the EEAS, to be adopted by a Council decision. During this initial phase, which will last for a few months, the HR should be helped by a small start-up team, comprising representatives from the member states.

Once the Council decision has been adopted, the EEAS will gradually gain power. “Let’s work smoothly. We need five years,” considers Ferrero-Waldner. An evaluation of the operation of the service should take place at the end of the Barroso II Commission.

What the treaty says

“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” (Article 27(3) of TEU-L).