US embassy cable - 05BRUSSELS2160

C O N F I D E N T I A L SECTION 01 OF 02 BRUSSELS 002160 
 
SIPDIS 
 
E.O. 12958: DECL: 06/01/2015 
TAGS: PREL, PGOV, EAID, CMGT, EUN 
SUBJECT: WORK CONTINUES ON THE EU'S PROPOSED "EXTERNAL 
ACTION SERVICE" 
 
REF: A. USEU BRUSSELS 2059 
 
     B. USEU BRUSSELS 1583 
 
Classified By: Rick Holtzapple, PolOff, Reasons 1.4 (B/D) 
 
SUMMARY 
-------- 
1. (C) While French and Dutch rejection of the EU 
Constitution has likely killed that document, one of the 
first ideas contained within it that may be implemented via 
other means is creation of an EU Foreign Minister supported 
by a European External Action Service.  This may still be 
years away, but preparatory work has already begun.  The 
administrative details will be very complicated, and a major 
battle is looming over just how much of the Commission staff 
would be moved to such an institution.  END SUMMARY. 
 
EEAS: A New Corps of Eurodipomats 
--------------------------------- 
 
2. (SBU) One of the most widely touted innovations in the 
proposed EU Constitutional Treaty is the creation of a 
European External Action Service (EEAS) to assist a new EU 
Minister of Foreign Affairs (EUFM).  While the fate of the 
Constitutional Treaty now looks bleak after its rejection by 
French and Dutch voters (Ref A), the idea of creating an EUFM 
and EEAS are among the most likely Constitutional proposals 
that the EU may try to implement as part of a minimal treaty 
revision exercise, or even absent any change to the EU's 
current treaties.  In a press release issued after the French 
referendum, Solana said, "I still think it is suitable to 
keep on working on the establishment of an EEAS.  This 
service will definitely come into existence sooner or later." 
 
 
3. (C) A Council source told us Commission and Council 
lawyers argue strongly that the EUFM position cannot be 
created without changes to the current EU treaties.  But not 
all EU officials see this as the case.  A Commission official 
involved in preparatory work on the EEAS speculated to us 
that the EUFM and EEAS could be done by unanimous Council 
decision, if the political will existed among Member States 
to do so.  "This is Europe," she told us, "so where there is 
a will there is a way."  It is unlikely this would occur 
immediately after declaring the Constitution dead, but it 
could be conceivable within the next few years.  At present, 
however, Member States are divided over the value of pressing 
ahead in this area.  There appears to be consensus, however, 
that there is little point in pursuing the EEAS unless there 
is an EUFM to report to.  Pending a decision by EU 
governments to pursue the EUFM idea further, Council contacts 
told us that steps in this area would be confined to things 
such as beefing up Solana's staff in the Council Secretariat 
and perhaps posting some of the Council staff who report 
directly to Solana abroad to sit with the Commission 
delegations in some key capitals. 
 
What Exactly Would They Do? 
--------------------------- 
 
4. (U) As for creation of an EEAS, the Constitution itself is 
very vague about what it would do.  Article III-197(3) says 
only, "This service will 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 the Commission as well as 
 
SIPDIS 
staff seconded from national diplomatic services of the 
Member States.  The organization and functioning of the EEAS 
shall be established by a European decision of the Council." 
The Commission and Council Secretariat have been working 
steadily since last fall developing a report to the Member 
States on what the EEAS could look like.  High Rep Solana and 
Commission President Barroso plan to present the report to 
the June 16-17 EU Summit. 
 
5. (C) Council Secretariat and Commission officials have been 
working on this report since last fall.  It has not been 
simple.  One unanswered question is how much of the 
Commission's staff would join the EEAS.  All agree the 
External Relations Directorate General (DG RELEX) would be 
part of the new service.  Whether Commission staff within 
other parts of "the RELEX family" would join is uncertain. 
(The RELEX family also covers the DGs of Development, 
Enlargement, Trade, Europe Aid Cooperation (AIDCO), and 
Humanitarian Aid (ECHO)).  The betting is that Trade and 
Enlargement would remain outside the EEAS, but a major battle 
could erupt over DGs Development, AIDCO and ECHO. 
Development Commissioner Louis Michel insists these staffs 
must remain outside the EEAS, but others involved in the 
discussion point out that leaving 77 of the EU's foreign 
delegations outside of the new system would severely impair 
its effectiveness. 
 
6. (SBU) Another key debate has been where the EEAS would 
reside institutionally.  The Council Secretariat and most 
Member States have argued the EEAS must be a sui generis 
institution separate from the rest of the EU's personnel 
systems, as a reflection of its hybrid existence combining 
Commission and Council authorities, a unique role among EU 
bodies.  The Commission has raised some doubts about this, as 
it is loath to see any of its current authorities, such as 
programming of EU assistance funds, migrate to a system that 
could be outside of direct control by the College of 
Commissioners.  The European Parliament has been even more 
adamant, approving a resolution on May 26 supporting creation 
of the EEAS, but insisting it must be part of the 
Commission's structures, thereby giving the EP oversight of 
the service.  (NOTE: The EP would also like to expand its 
powers over the EU's external representation by, for example, 
being given the right to vet or even confirm the ambassadors 
named to serve as the EU's Heads of Delegations abroad. 
Neither the Council nor the Commission are keen to give the 
EP such a role.  END NOTE.) 
Consular Role Still Debated 
--------------------------- 
 
7. (SBU) There is also some question about the scope of the 
EEAS's authorities abroad.  All agree the EEAS would assume 
the duties currently exercised by EC delegations abroad, and 
also represent Solana and EU policies adopted under the EU's 
Common Foreign and Security Policy (CFSP).  But some have 
suggested the EEAS foreign missions could also take on a 
consular role, particularly for EU countries without their 
own missions in a country.  Smaller member states tend to 
favor this idea, as do some Commission officials who see this 
as an important public relations tool to convince the average 
European of the benefits of EU membership.  Solana, however, 
is reported not to be eager to have the EEAS do such work.  A 
Commission official speculated that this was because Solana 
did not want to be distracted from the "high politics" of 
CFSP, and saw consular responsibilities as a likely source of 
demands on the EEAS' time and of complaints about its 
functioning.  Some bigger member states are also opposed, 
noting that they already pay to support global consular 
services, and therefore sharing out the costs of such an 
operation within the EEAS would be too complicated. 
Partisans of the consular role retort that it is precisely 
those member states who could close or consolidate their 
embassies once the EU could cover consular duties that could 
save the most money. 
 
8. (C) COMMENT:  In Ref B, we noted that creation of an EUFM, 
supported by an EEAS with EU diplomatic missions around the 
world, would provide the EU with a more authoritative voice 
for promoting the EU's CFSP, ESDP and other external policies 
globally.  For most member states, this would be a clear gain 
and that is why the idea enjoys strong support within the 
Council, even if the details could still prove controversial. 
 We suspect, however, that some member states -- particularly 
the British, but in some places others as well -- worry that 
having an EU ambassador in situ replacing the current divided 
role of Commission head of delegation and rotating Council 
Presidency ambassador could diminish their own ambassador's 
influence in a country.  While all member states agreed to 
accept the proposals as part of the overall Constitutional 
package, the EUFM and EEAS proposals might not be able to 
muster the necessary political momentum in isolation to see 
them implemented.  EU leaders will also be leery of 
accusations that such a step will somehow be a slap in the 
face to the democratically expressed views of the electorate. 
 For these reasons, while we tend to agree with Solana that 
the EEAS will eventually come into existence, we think it 
will be more "later" than "sooner."  END COMMENT. 
 
MCKINLEY 
.