19 Amendments of Morten MESSERSCHMIDT related to 2010/0816(NLE)
Amendment 76 #
Proposal for a decision
Recital 1
Recital 1
(1) The purpose of this Decision is to establish the organisation and functioning of the European External Action Service ("EEAS"), a functionally autonomous body of the Union under the authority of the High Representative, set up by Article 27(3) of the Treaty on European Union ("TEU"), as amended by the Treaty of Lisbon. This Decision and in particular the reference to the term "High Representative" will be interpreted in accordance with his/her different functions under Article 18 of the TEU.
Amendment 77 #
Proposal for a decision
Recital 3
Recital 3
(3) The EEAS will support the High Representative, who is also a Vice- President of the Commission and the President of the Foreign Affairs Council, in fulfilling his/her mandate to conduct the Common Foreign and Security Policy ("CFSP") of the European Union and to ensure the consistency of the EU's external action as outlined, notably, in Articles 18 and 27 TEU. The EEAS will support the High Representative in his/her capacity as President of the Foreign Affairs Council, without prejudice to the normal tasks of the General Secretariat of the Council. The EEAS will also support the High Representative in his/her capacity as Vice- President of the Commission, for his/her responsibilities within the Commission for responsibilities incumbent on it in external relations and for coordinating other aspects of the Union's external action, without prejudice to the normal tasks of the Commission services.
Amendment 78 #
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) In its contribution to the EU external cooperation programmes, the EEAS ensures that these programmes respond to the objectives for external action as set out in Article 21 TEU.
Amendment 79 #
Proposal for a decision
Recital 7
Recital 7
(7) Provisions should be adopted relating to the staff of the EEAS and their recruitment. For matters relating to its staff the EEAS should be treated as an institution within the meaning of the Staff Regulations. I where such provisions are necessary to establish the organisation and functioning of the EEAS. In parallel, necessary amendments should be made, in accordance with Article 27(3)336 of the TFEU, the EEAS will comprise oo the Staff Regulations of Officials ofrom the General Secretariat of the Council andEuropean Communities ("Staff Regulations") and the Conditions of Employment of Other Servants of those Commission as well as personnel seconded from the diplomatic services of the Member Stateunities ("CEOS") without prejudice to Article 298 TFEU. For matters relating to its staff the EEAS should be treated as an institution within the meaning of the Staff Regulations. The High Representative will be the Appointing Authority, in relation both to officials subject to the Staff Regulations of Officials of the European Communities ("Staff Regulations") and agents subject to the Conditions of Employment of Other Servants. The High Representative will also have authority over the Seconded National Experts ("SNEs") in post in the EEAS. The number of officials and servants of the EEAS will be decided each year as part of the budgetary procedure and will be reflected in the establishment plan.
Amendment 80 #
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The staff members of the EEAS will carry out their duties and conduct themselves solely with in mind the full respect of the identified strategic interests by the European Council as well as the determined objectives and defined guidelines for the common foreign and security policy, that shall be put into effect by the High Representative and by the Member States, using national and Union resources according to article 26 TEU.
Amendment 81 #
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7b) In accordance with Article 27(3) of the TEU, the EEAS will comprise officials from the General Secretariat of the Council and the Commission as well as personnel coming from the diplomatic services of the Member States. For that purpose, the relevant departments and functions in the General Secretariat of the Council and in the Commission will be transferred to the EEAS, together with officials and temporary agents occupying a post in such departments or functions. Before the 1st of July 2013, the EEAS will recruit exclusively officials originating from the General Secretariat of the Council and the Commission as well as staff seconded from the diplomatic services of the Member States. After that date, and according to the needs, the recruitment of EU permanent officials under Staff Regulation within the quota of 60% should be done accordingly with EPSO external procedure specifically designed for the EEAS.
Amendment 82 #
Proposal for a decision
Recital 8
Recital 8
(8) In order to ensure the budgetary autonomy necessary for the smooth operation of the EEAS, the Financial Regulation should be amended in order to treat the EEAS as an "institution" within the meaning of the Financial Regulation, with a specific section in the Union budget. The EEAS will be subject to the procedures regarding the discharge as provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 145 to 147 of the Financial RegulationThe Financial Regulation should be amended in order to include the EEAS in Article 1 of the Financial Regulation, with a specific section in the Union budget. In accordance with applicable rules, and as it is the case for other institutions, a part of the annual report of the Court of Auditors will be dedicated also to the EEAS and the EEAS will respond to such reports. The EEAS will be subject to the procedures regarding the discharge as provided for in Article 319 of the Treaty on the Functioning of the European Union and in Articles 145 to 147 of the Financial Regulation. The High Representative will provide the European Parliament with all support necessary to complete European Parliament’s right as discharge authority. The implementation of the operational budget will be the Commission’s responsibility in accordance with Article 317 of the TFEU. Decisions having a financial impact will in particular respect the responsibilities laid down in Title IV of the Financial Regulation, especially Article 75 thereof regarding expenditure operations and Articles 64 to 68 regarding liability of the financial actors.
Amendment 83 #
Proposal for a decision
Article 2 – paragraph 1 – introductory wording
Article 2 – paragraph 1 – introductory wording
1. The EEAS shall support the High Representative in fulfilling his/her mandates as outlined in Title V TEU, notably in Articles 18 and 27 TEU:
Amendment 84 #
Proposal for a decision
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
- in fulfilling his/her mandate to conduct the Common Foreign and Security Policy ("CFSP") of the European Union, including the Common Security and Defence Policy ("CSDP"), to contribute by his/her proposals to the development of that policy, which he/she shall carry out as mandated by the Council and to ensure the consistency of the EU's external action;
Amendment 85 #
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The EEAS shall be managed by an executive Secretary-General who will operate under the authority of the High Representative. The executive Secretary- General shall take all measures necessary to ensure the smooth functioning of the EEAS, including its administrative and budgetary management. He shall ensure effective coordination between all departments in the central administration as well as with the Union delegations, and shall represent the EEAS. . The High Representative shall appoint, in accordance with the normal rules of recruitment, a Director General for budget and administration who shall work under the authority of the High Representative. He/she shall be responsible to the High Representative for the administrative and internal budgetary management of the EEAS. He/she shall follow the same budget lines and administrative rules as applicable in section III of Heading V of the Multiannual Financial Framework.
Amendment 86 #
Proposal for a decision
Article 4 – paragraph 3 – subparagraph 1 – indent 3
Article 4 – paragraph 3 – subparagraph 1 – indent 3
- the crisis management and planning directorate, the civilian planning and conduct capability, the European Union Military Staff and the European Union Situation Centre, placed under the direct authority and responsibility of the High Representative in her capacity as High Representative for Foreign Affairs and Security Policy; t; they shall assist him/her in the task of conducting the Union’s CFSP in accordance with the provisions of the Treaty while respecting, in accordance with Article 40 of the TEU, the other competences of the Union. The specificities of these structures, as well as the particularities of their functions, recruitment and the status of the staff shall be respected. Full coordination between all the structures of the EEAS shall be ensured.
Amendment 87 #
Proposal for a decision
Article 5 – paragraph 3 – subparagraph 2
Article 5 – paragraph 3 – subparagraph 2
In areas where the Commission exercises the powers conferred to it by the Treaties, the Commission may, in accordance with article 220 (2) TFEU, also issue instructions to delegations, which shall be executed under the overall responsibility of the Head of Delegation.
Amendment 88 #
Proposal for a decision
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) iIf necessary, and on a temporary basis, specialised seconded national experts (SNEs)the EEAS may, in specific case, have recourse to a limited number of specialised seconded national experts (SNEs). The High Representative shall adopt the rules, equivalent to those laid down in Council Decision 2003/479/ECof 16 June 2003 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council1, under which SNEs are put at the disposal of the EEAS in order to provide specialised expertise. 1 OJ L 160, 28.6.2003, p. 72.
Amendment 89 #
Proposal for a decision
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The staff members of the EEAS shall carry out their duties and conduct themselves solely with the interests of the Union in mindin accordance with recital 7a. Without prejudice to Articles 2(1), third subparagraphindent, 2(2) and 5(3), they shall neither seek nor take instructions from any Government, authority, organisation or person outside the EEAS or any body or person other than the High Representative or only with his/her consent. In accordance with Article 11 of the Staff Regulations, the EEAS staff may not accept any payments of any kind whatever from any other source outside the EEAS.
Amendment 91 #
Proposal for a decision
Article 6 – paragraph 9 a (new)
Article 6 – paragraph 9 a (new)
9a. When the EEAS has reached its full capacity, staff from Member States, as referred to in paragraph 1, first subparagraph, should represent 40 % of all EEAS staff at AD level. Likewise, permanent EU officials should represent 60% of all EEAS staff at AD level, including staff coming from the diplomatic services of the Member States, who have become permanent EU officials, in accordance with the provisions of the Staff Regulations. Each year, the High Representative shall present a report to the European Parliament and the Council on the occupation of posts in the EEAS.
Amendment 93 #
Proposal for a decision
Article 6 – paragraph 9 b (new)
Article 6 – paragraph 9 b (new)
9b. The High Representative shall lay down the rules on mobility so as to ensure that the members of the staff of the EEAS are subject to a high degree of mobility within the EEAS services. Specific modalities shall apply to the personnel referred to in Article 4 (3), third indent. In principle, all EEAS staff shall periodically serve in Union delegations. The High Representative shall establish rules to that effect.
Amendment 94 #
Proposal for a decision
Article 6 – paragraph 10
Article 6 – paragraph 10
10. The procedures for recruiting staff for posts transferred to the EEAS which are on-going at the date of entry into force of this Decision shall remain valid: they shall be carIn accordance with the applicable provisions of its national law, each Member State shall provide its officials who have become temporary agents in the EEAS with a guarantee of immediate reinstatement at the end of their period of service to the EEAS. This perieod on and completed under the authority of the High Representativef service respects and the relevant vacancy notices shall be carried in accordance with the relevant vacancy notices and the applicable rules of the Staff Regulations and the Conditions of Employment of Other Servants1. In the course ofEU officials settrving upin the EEAS, representatives of the Member States, the General Secretariat of the Council and the Commission shall be involved in the recruitment procedure for vacant posts in the EEAS. The staff of the EEAS central administration shall be made up of officials and ot shall have the right to apply for posts in their institution of origin on the same terms as internal applicants. 1 where servants from, respectively, 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. When the EEAS has reached its full capacity, staff from Member States should represent at least one third of all EEAS staff at AD level. Each year, the High Representative shall present a report touch provisions are necessary to establish the organisation and functioning of the EEAS. In parallel, necessary amendments should be made, in accordance with Article 336 of the TFEU, to the Staff Regulations of Officials of the European Communities ("Staff Regulations") and the Conditions of Employment of Other Servants of those Council on the occupation of posts in the EEAS. mmunities ("CEOS") without prejudice to Article 298 TFEU.
Amendment 95 #
Proposal for a decision
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Actions undertaken under the CFSP budget, the Instrument for Stability except the part referred to in the seventh indent of paragraph 2, the Instrument for Cooperation with Industrialised Countries, the Communication and Public Diplomacy as well as the Election Observation Missions are under the responsibility of the High Representative/EEAS. The Commission shall be responsible for their financial implementation under the authority of the High Representative in his/her capacity as Vice-President of the Commission. The Commission will make a declaration to the effect that the High Representative will have the necessary authority in this area, in full respect of the Financial Regulation. The Commission department responsible for this implementation shall be co-located with the EEAS.
Amendment 96 #
Proposal for a decision
Annex – paragraph 2 – introductory wording (new)
Annex – paragraph 2 – introductory wording (new)
In addition to the Council above mentioned staff, Commission staff in the departments and functions listed below can be transferred under the High Representative authority to the EEAS, within the limit of 60% set in Article 6 (9a).