21 EU Delegations
| (31715)
10493/10
COM(10) 287
| Commission Communication: Establishment of the EU Delegation to the UN in Geneva
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| Legal base | —
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| Document originated | 26 May 2010
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| Deposited in Parliament | 21 June 2010
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM 16 August 2010
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| Previous Committee Report | None; but see (31439) 8029/10 and (31747) 11507/10: HC 428-i (2010-11), chapter 64 (8 September 2010)
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| To be discussed in Council | To be determined
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
21.1 Prior to the coming-into-force of the Lisbon Treaty,
in 1999, the office of High Representative for Common Foreign
and Security Policy was introduced by the Amsterdam Treaty. Javier
Solana had occupied that position since then. Together with an
increasing number of officials in the Council Secretariat, he
assisted the Council in foreign policy matters, through contributing
to the formulation, preparation and implementation of policy decisions.
He acted on behalf of the Council in conducting political dialogue
with third parties. The six-monthly rotating Presidency was 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.
21.2 Under the Lisbon Treaty, new arrangements
came into being. The European Council, acting by a qualified majority,
with the agreement of the President of the Commission, appoints
the High Representative. He or 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.
21.3 At their informal meeting in Brussels on
19 November 2009, ahead of the entry into force of the Treaty
of Lisbon on 1 December 2009, EU Heads of State or Government
agreed on the appointment of Baroness Catherine Ashton as the
High Representative of the Union for Foreign Affairs and Security
Policy (HR).
21.4 The High Representative now 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 TEU, 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;
- as one of the Vice-Presidents of the Commission,
ensures the consistency of the Union's external action and 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, conducts political dialogue
with third parties on the Union's behalf and expresses the Union's
position in international organisations and at international conferences;
and
- shall be assisted by a European External Action
Service.
21.5 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."
European Council Guidelines on the EEAS
21.6 On 30 October 2009, the European Council
agreed on guidelines for the European External Action Service
(EEAS).[95] 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.[96]
This was endorsed by the December 2009 European Council.
21.7 According to the guidelines, the EEAS will
be a single service under the authority of the High Representative,
with an organisational status reflecting and supporting the High
Representative's unique role and functions in the EU system. 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 (i.e., 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.
21.8 With respect to its staffing:
— 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;
— 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,
under the direct authority and responsibility of the High Representative.
21.9 The EEAS should be a service of a sui
generis nature, separate from the Commission and the Council
Secretariat, with administrative budget and staff management autonomy
and its own section in the EU budget, to which the usual budgetary
and control rules will apply, and which the High Representative
will propose and implement. It is to be guided by cost efficiency
and aim at budget neutrality.
21.10 Overseas, the Commission's delegations
will become Union delegations under the authority of the High
Representative and be part of the EEAS structure. They 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 should
work in close cooperation with diplomatic services of the Member
States and play a supporting role as regards diplomatic and consular
protection of Union citizens in third countries.
21.11 At its meeting on 8 September, the Committee
considered the Council Decision concerning the establishment of
the EEAS.[97]
The Commission Communication
21.12 The purpose of this Communication is to
inform the Council and the European Parliament of the planned
re-structuring of the existing EU Delegation in Geneva.[98]
21.13 In his Explanatory Memorandum of 16 August
2010, the Minister for Europe (David Lidington) says that the
key change under the proposed restructuring of the EU Delegation
would be to have two ambassadorial level officials — one
who will have responsibility for EU representation in the World
Trade Organisation and the other who will represent the EU in
the other Geneva based international organisations including the
UN. The Minister says that both Ambassadors will use common services
and where there are additional costs these will be met from within
the existing European External Action Service budget. He says
that the re-structuring is now underway, and that he understands
that both Ambassadors will be appointed by December 2010.
The Government's view
21.14 The Minister goes on to say that it is
the responsibility of the High Representative to manage the administration
of EU Delegations. He explains that, previously, the EU Delegation
was primarily responsible for representing the EU position in
the World Trade Organisation, but will now undertake responsibilities
for co-ordinating and "sometimes, where agreed by the 27
EU Member States," representing the agreed EU position in
the eighteen Geneva based UN organisations. He continues as follows:
"They are therefore arguing that they need more
resources — from within the External Action Service budget
— to meet growing demands. They argue that they will need
an additional Ambassador to serve the UN organisations. This will
mean splitting the EU Delegation, with one Ambassador being accredited
to the UN and the other accredited to the WTO.
"We do not object in principle to the EU Delegation
in Geneva being re-structured. Nor do we object in principle to
there being two people with Ambassadorial rank in Geneva representing
the EU. We also have two people with Ambassadorial rank in Geneva.
One for the UK Mission to the UN and one for the UK Mission for
Arms Control and Disarmament which is also based in Geneva (one
to serve the disarmament portfolio and one to serve the rest of
the UN). And the US for example have four people with Ambassadorial
rank to serve the many international organisations there.
"We will however take every opportunity to impress
on the HR's team and the Delegation in Geneva that we expect any
changes to be cost efficient. And, as I explained in my letter
to the Committees of 13 July, we will continue to be vigilant
to ensure that the responsibilities exercised by the EU Delegation
in Geneva and elsewhere respect the division of competence between
the EU and the Member States. We note that it is proposed that
the re-structured Delegation will share the same premises and
one administration section. The Lisbon Treaty provides that the
EEAS administration budgets should aim to be budget neutral."
Conclusion
21.15 In that letter (which is set out in
detail in our Report on the Council Decision establishing the
EEAS), the Minister said that, once the EEAS Decision is agreed:
"we are likely to see some administrative
restructuring of EU Delegations by the High Representative to
fulfil the tasks assigned to the EU Delegations by the Treaty.
We want to ensure that such changes fit with the cost-neutral
objective in the text of the draft EEAS Decision.
"The establishment of the EEAS should be
guided by the principle of cost-efficiency aiming towards budget
neutrality. To this end, transitional arrangements and gradual
build-up of capacity will have to be used. Unnecessary duplication
of tasks, functions and resources with other structures should
be avoided. All opportunities for rationalisation should be used."
21.16 The proposals in the Commission Communication
thus raise no questions per se. However, we are drawing
this first such restructuring to the attention of the House because
of issues to which the Minister rightly draws attention —
ensuring that the responsibilities exercised by the EU Delegation
in Geneva and elsewhere respect the division of competence between
the EU and the Member States and the principle of cost-efficiency
aiming towards budget neutrality. We endorse the Minister's approach,
particularly at a time when the UK's own overseas representation
will no doubt be expected to play its part in reducing public
expenditure, and encourage him to continue to do all that he can
to restrain any tendency in such restructuring towards excessive
or over-lavish proposals.
95 A paper presented by the then EU Presidency, available
at http://register.consilium.europa.eu/pdf/en/09/st14/st14930.en09.pdf.
Back
96
The extract from the European Council conclusions reads thus:
"The European Council takes note
of the preparatory work in view of the entry into force of the
Lisbon Treaty (doc. 14928/09). 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." Back
97
See headnote: (31439) 8029/10 and (31747) 11507/10: HC 428-i (2010-11),
chapter 64 (8 September 2010). Back
98
As the Commission explains in its introduction, since the entry
into force of the Lisbon Treaty on 1 December 2009 what were until
then Commission delegations became EU delegations. Back
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