75 Amendments of Guy VERHOFSTADT related to 2010/0816(NLE)
Amendment 1 #
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 her different functions under Article 18 of the TEU.
Amendment 2 #
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 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 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 her capacity as Vice- President of the Commission, for 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 3 #
Proposal for a decision
Recital 3 a (new)
Recital 3 a (new)
(3a) In its contribution to the EU external cooperation programmes, the EEAS should seek to ensure that these programmes respond to the objectives for external action as set out in Article 21 TUE, in particular its paragraph (2)(d) and that they respect the objectives of EU development policy in line with Article 208 TFEU. In this context, the EEAS should also promote the fulfilment of the objectives of the European Consensus on Development and the European Consensus on Humanitarian Aid.
Amendment 4 #
Proposal for a decision
Recital 5
Recital 5
(5) The European Parliament will fully play its role in the external action of the Union, including its functions of political control as provided for in Article 14(1) of the TEU, as well as in legislative and budgetary matters as laid down in the Treaties. Furthermore, in accordance with Article 36 of the TEU, the High Representative will regularly consult the European Parliament on the main aspects and the basic choices of the CFSP and will ensure that the views of the European Parliament are duly taken into consideration. The EEAS will assist the High Representative in this regard. Specific arrangements should be made with regard to access for Members of European Parliament to classified documents and information in the area of CFSP. Until the adoption of such arrangements, existing provisions under the 2002 Interinstitutional Agreement on classified documents and information in the area of ESDP will apply.
Amendment 5 #
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, to the EEAS will comprise oStaff 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 aunities ("CEOS") without prejudice to Article 298 of the TFEU. For matters wrell as personnel seconded from the diplomatic services of the Member Stateating 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 6 #
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 the interest of the Union in mind.
Amendment 7 #
Proposal for a decision
Recital 7 b (new)
Recital 7 b (new)
(7b) Recruitment will be based on merit whilst ensuring adequate geographical and gender balance. The staff of the EEAS should comprise a meaningful presence of nationals from all the Member States. The review foreseen in 2013 should also cover this issue, including, as appropriate, suggestions for additional specific measures to correct possible imbalances.
Amendment 8 #
Proposal for a decision
Recital 7 c (new)
Recital 7 c (new)
(7c) 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 coming from the diplomatic services of the Member States. After that date, all officials and other servants of the European Union should be able to apply for vacant posts in the EEAS.
Amendment 9 #
Proposal for a decision
Recital 7 d (new)
Recital 7 d (new)
(7d) The EEAS may, in specific cases, have recourse to specialised seconded national experts (SNEs), over which the High Representative will have authority. Seconded National Experts in post in the EEAS will not be counted in the one third which staff from Member States should represent when the EEAS will reach its full capacity. Their transfer in the phase of setting up of the EEAS will not be automatic and will be made with the consent of the authorities of the originating Member States. By the expiry of the contract of an SNE transferred to the EEAS under article 6bis, the function will be converted into a temporary agent post in cases where the function performed by the SNE corresponds to a function normally carried out by staff at AD level, provided that the necessary post is available under the establishment plan.
Amendment 10 #
Proposal for a decision
Recital 7 e (new)
Recital 7 e (new)
(7e) The Commission and the EEAS will agree on modalities relating to the issue of instructions from the Commission to delegations. These should foresee in particular that when the Commission will issue instructions to delegations, it will simultaneously provide a copy of these to the Head of Delegation and the EEAS central administration.
Amendment 11 #
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 Regulation. The 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. She 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 12 #
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) 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. In addition, a number of additional posts for Member States' temporary agents will be necessary which have to be financed within the framework of the current multi-annual framework.
Amendment 13 #
Proposal for a decision
Recital 12
Recital 12
(12) This Decisione High Representative should, be reviewed in the light of experience iy mid-2013, make a review of the functioning and organisation of the EEAS, accompanied, if necessary, by proposals for a revision of this Decision. Such a revision should be adopted no later than the beginning of 2014.
Amendment 14 #
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 her mandates as outlined, notably, in Articles 18 and 27 TEU:
Amendment 15 #
Proposal for a decision
Article 2 – paragraph 1 – indent 1
Article 2 – paragraph 1 – indent 1
- in fulfilling 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 her proposals to the development of that policy, which she shall carry out as mandated by the Council and to ensure the consistency of the EU's external action;
Amendment 16 #
Proposal for a decision
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The EEAS shall assist the President of the European Council, the President of the Commission, and the Commission and, in the President of the European Councilexercise of their respective functions in the area of external relations.
Amendment 17 #
Proposal for a decision
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The EEAS shall support and work in cooperation with the diplomatic services of the Member States as well as with the General Secretariat of the Council and the services of the Commission, as well as with the diplomatic services of the Member States, in order to ensure consistency between the different areas of the Union external action and between these and its other policies.
Amendment 18 #
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The EEAS and the services of the Commission shall consult each other on all matters relating to the external action of the Union in the exercise of their respective functions except on matters covered by CSDP. The EEAS shall take part in the preparatory work and procedures relating to acts to be prepared by the Commission in this area. This paragraph shall be implemented in accordance with Chapter 1 of Title V of the TEU, and with Article 205 of the Treaty on the Functioning of the European Union ("TFEU").
Amendment 19 #
Proposal for a decision
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The EEAS shall extend appropriate support and cooperation to the other institutions and bodies of the Union, in particular to the European Parliament. The EEAS may also benefit from the support and cooperation of these institutions and bodies, including agencies as appropriate. The EEAS internal auditor will cooperate with the internal auditor of the Commission to ensure the consistency of audit policy, with particular reference to the Commission’s responsibility for operational expenditure. In addition, the EEAS shall cooperate with the European Office for the Fight against Fraud (OLAF) in accordance with Regulation (EC) N° 1073/1999. It shall in particular swiftly adopt the decision required by this Regulation on terms and conditions for internal investigations. As provided in this Regulation, Member States, in accordance with national provisions, and institutions shall give the necessary support to enable the OLAF’s agents to fulfil their task.
Amendment 20 #
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.
Amendment 21 #
Proposal for a decision
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The executive Secretary-General shall be assisted by two Deputy Secretaries- General.
Amendment 22 #
Proposal for a decision
Article 4 – paragraph 3 – subparagraph 1 – introductory wording
Article 4 – paragraph 3 – subparagraph 1 – introductory wording
3. The central administration of the EEAS shall be organised in directorates general. These shall in particular include:
Amendment 23 #
Proposal for a decision
Article 4 – paragraph 3 – subparagraph 1 – indent 2
Article 4 – paragraph 3 – subparagraph 1 – indent 2
- a directorate general for administrative, staffing, budgetary, security and communication and information system matters under the direct authority of the Secretary-General; working in the EEAS framework managed by the executive Secretary- General. 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 shall be responsible to the High Representative for the administrative and internal budgetary management of the EEAS. He shall follow the same budget lines and administrative rules as applicable in the part of Section III of the EU budget which falls under Heading V of the Multiannual Financial Framework;
Amendment 24 #
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, shall assist 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 25 #
Proposal for a decision
Article 4 – paragraph 3 – subparagraph 2 – indent -1 (new)
Article 4 – paragraph 3 – subparagraph 2 – indent -1 (new)
- a strategic policy planning department;
Amendment 26 #
Proposal for a decision
Article 4 – paragraph 3 – subparagraph 2 – indent 1
Article 4 – paragraph 3 – subparagraph 2 – indent 1
- a legal department under the direct administrative authority of the executive Secretary- General which shall work closely with the Legal Services of the Council and the Commission;
Amendment 27 #
Proposal for a decision
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The High Representative shall designate from among EEAS staff members the chairpersons of Council preparatory bodies that are chaired by a representative of the High Representative, including the chair of the Political and Security Committee. , in accordance with the modalities set out in Annex II of the COUNCIL DECISION of 1 December 2009 laying down measures for the implementation of the European Council Decision on the exercise of the Presidency of the Council, and on the chairmanship of preparatory bodies of the Council, (2009/908/EU)1. 1 OJ L 322, 9.12.2009, p. 28.
Amendment 28 #
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The decision to open a delegation shall be adopted by the High Representative, after consulting the Council and the Commission. The decision tor close a delegation shall be adopted by the High Representative, in agreement with the Council and the Commission.
Amendment 29 #
Proposal for a decision
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
2. Each Union delegation shall be led byplaced under the authority of a Head of Delegation.
Amendment 30 #
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 221(2) TFEU, also issue instructions to delegations, which shall be executed under the overall responsibility of the Head of Delegation.
Amendment 31 #
Proposal for a decision
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The operation of each delegation shall be periodically evaluated by the Secretary General of the EEAS; evaluation shall include financial and administrative audits. The Secretary General of the EEAS may request to be assisted for this purpose by the relevant Commission departments. In addition to internal measures by the EEAS, OLAF shall exercise its powers, notably by conducting anti-fraud measures, in accordance with Regulation (EC) N° 1073/1999.
Amendment 32 #
Proposal for a decision
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Union delegations shall have the capacity to service the needs of other EU institutions, in particular the European Council and the European Parliament, in their official contacts with the international organisations or third countries to which they delegations are accredited.
Amendment 33 #
Proposal for a decision
Article 5 – paragraph 8
Article 5 – paragraph 8
8. The Head of Delegation shall have the power to represent the EU in the country where the delegation is locaaccredited, in particular for the conclusion of contracts and being a party to legal proceedings.
Amendment 34 #
Proposal for a decision
Article 5 – paragraph 9
Article 5 – paragraph 9
9. The Union delegations shall work in close cooperation and share information with the diplomatic services of the Member States. They shall, on a reciprocal basis, provide all relevant information.
Amendment 35 #
Proposal for a decision
Article 5 – paragraph 10
Article 5 – paragraph 10
10. The Union delegations shall have the capacity to,, acting in accordance with Art. 35, 3rd subparagraph of the EU Treaty and upon request by Member States, support the Member States in their diplomatic relations and in their role of providing consular protection to Union citizens in third countries.
Amendment 36 #
Proposal for a decision
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The provisions set out in this Article, except paragraph 2, shall apply without prejudice to the Staff Regulations of Officials of the European Communities ("Staff Regulations") and the Conditions of Employment of Other Servants of those Communities ("CEOS"), including the amendments made to these rules, in accordance with Article 336 of the TFEU, in order to adapt them to the needs of the EEAS.
Amendment 37 #
Proposal for a decision
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The EEAS shall comprise: (a) officials and other servants of the European Union, including personnel from the diplomatic services of the Member States appointed as temporary agents1; (b) if necessary, and on a temporary basis, specialised seconded national experts (SNEs). The Staff Regulations and the CEOS shall apply to this staff. 1 Article 98(1), second subparagraph of the Staff Regulations will read as follows : “As from 1 July 2013, the Appointing Authority shall also consider the applications of officials from other institutions without giving priority to any of these categories.”
Amendment 38 #
Proposal for a decision
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 39 #
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 mind. 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. In accordance with the second paragraph of 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 40 #
Proposal for a decision
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 41 #
Proposal for a decision
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 42 #
Proposal for a decision
Article 6 – paragraph 6
Article 6 – paragraph 6
6. All appoinRecruitments in the EEAS shall be based on merit and on the broadest possible geographical basiswhilst ensuring adequate geographical and gender balance. The staff of the EEAS shall comprise a meaningful presence of nationals from all the Member States.
Amendment 43 #
Proposal for a decision
Article 6 – paragraph 7
Article 6 – paragraph 7
7. All members of the staff of the EEAS covered by the Staff Regulations and the Conditions of Employment of Other Servants shall have the same rights and obligations, regardless whether they are oOfficials of the European Union orand temporary agents coming from the diplomatic services of the Member States, shall have the same rights and obligations and be treated equally, in particular as concerns eligibility to assume all positions under equivalent conditions. No distinction shall be made between temporary agents coming from national diplomatic services and officials of the European Union as regards the assignment of duties to perform in all areas of activities and policies implemented by the EEAS. In accordance with the provisions of the Financial Regulation, the Member States shall support the Union in the enforcement of financial liabilities resulting from any liability under Article 66 of the Financial Regulation of EEAS temporary agents coming from national diplomatic services.
Amendment 44 #
Proposal for a decision
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 45 #
Proposal for a decision
Article 6 – paragraph 9
Article 6 – paragraph 9
9. The High Representative shall establish the selection procedures for EEAS staff, which shall be based on merit and on the broadest possible geographical basis, in conformity with the Staff Regulations and the Conditions of Employment of Other Servants, with due regard for gender balance. undertaken through a transparent procedure 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, a need for a meaningful presence of nationals from all EU Member States in the EEAS and aiming towards gender balance. 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 EEAS1. 1 See draft declaration relating to the appointment procedure at the end.
Amendment 46 #
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 at least one third of all EEAS staff at AD level. Likewise, permanent EU officials should represent at least 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 47 #
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. 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 48 #
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 carried on and completed under the authority of the High Representative in accordance with the relevant vacancy notices and the applicable rules of the Staff Regulations and the Conditions of Employment of Other Servants. In the course of setting up 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 other servants from, respectively, relevant departments of thIn 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 period of service, in accordance with the provisions of Article 50b of CEOS, shall not exceed eight years, unless, it is extended for a maximum period of two years in exceptional circumstances and in the interest of the service1. EU officials serving in the EEAS shall have the right to apply for posts in their institution of origin on the same terms as internal applicants. 1 Article 50b(2) of CEOS will read as follows : “2. They may be engaged for a maximum period of four years. Contracts may be Greneral Secretariat of the Council and of the Commission as well as staff seconded from national diplomatic servicwed for a maximum period of four years. In total, engagement should not exceed eight years. However, in exceptional circumstances and in the interest 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 to the Council on the occupation of posts in the EEAS. service, at the end of the eighth year, the contract may be extended for a maximum period of two years. A renewal or extension shall be granted on condition that the secondment from the national diplomatic service is extended for the period of renewal.”
Amendment 49 #
Proposal for a decision
Article 6 – paragraph 11
Article 6 – paragraph 11
11. 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 sufficient degree of mobility. Specific modalities shall apply to the personnel referred to in Article 4 (3), third hyphen. In principle, all EEAS staff shall periodically serve in Union delegationSteps shall be taken in order to provide EEAS staff with adequate common training, building in particular on existing national and EU practices and structures. The High Representative shall establish rules to that effecttake appropriate measures to that effect within the year following the entry into force of this Decision.
Amendment 50 #
Proposal for a decision
Article 6 – paragraph 12
Article 6 – paragraph 12
Amendment 51 #
Proposal for a decision
Article 6 – paragraph 13
Article 6 – paragraph 13
Amendment 52 #
Proposal for a decision
Article 6 a (new)
Article 6 a (new)
Article 6 a Transitional provisions regarding staff 1. The relevant departments and functions in the General Secretariat of the Council and in the Commission listed in the Annex shall be transferred to the EEAS. Officials and temporary agents occupying a post in departments or functions listed in the Annex shall be transferred to the EEAS. This shall apply mutatis mutandis to contract and local staff assigned to such departments and functions. SNEs working in those departments or functions shall also be transferred to the EEAS with the consent of the authorities of the originating Member State. These transfers shall take effect on 1 January 2011. In accordance with the Staff Regulations, upon their transfer to the EEAS, the High Representative shall assign each official to a post in his function group which corresponds to his grade. 2. 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 carried on and completed under the authority of the High Representative in accordance with the relevant vacancy notices and the applicable rules of the Staff Regulations and the Conditions of Employment of Other Servants.
Amendment 53 #
Proposal for a decision
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The High Representative shall act asduties of authorising officer for the EEAS section of the General Budget of the European Union andshall be delegated in accordance with Article 59 of the Financial Regulation. The High Representative shall adopt the internal rules for the management of the correspondingadministrative budget lines. These internal rules shall lay down which of the powers of the authorising officer are delegated to the Secretary- General and the conditions under which the Secretary-General can sub delegate these powersOperational expenditure shall remain within the Commission section of the budget.
Amendment 54 #
Proposal for a decision
Article 7 – paragraph 3
Article 7 – paragraph 3
3. As regards operational expenditure arising from the implementation of the CFSP budget, the Instrument for Stability, the Instrument for CooperWhen drawing up estimates of administrative expenditure for the EEAS, the High Representative will hold consultations with Industrialised Countries, the Communication and Public Diplomacy as well as the Election Observation Missions, the Commission shall be responsible for their financial management under the authority of the High Representative in her capacity as Vice-President of the Commission, respectively, the Commissioner for Development Policy and the Commissioner for Neighbourhood Policy regarding their respective responsibility.
Amendment 55 #
Proposal for a decision
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. In accordance with Article 314(1) of the TFEU, the EEAS shall draw up estimates of its expenditure for the following financial year. The Commission shall consolidate these estimates in a draft budget, which may contain different estimates. The Commission may amend the draft budget as provided for in Article 314(2) of the TFEU.
Amendment 56 #
Proposal for a decision
Article 7 – paragraph 3 b (new)
Article 7 – paragraph 3 b (new)
3b. In order to ensure the budgetary transparency in the area of external action of the Union, the Commission will transmit to the budgetary authority, together with the Draft EU Budget, a working document presenting, in a comprehensive way, all expenditure related to the external action of the Union.
Amendment 57 #
Proposal for a decision
Article 7 – paragraph 4
Article 7 – paragraph 4
4. The EEAS shall be subject to the procedures regarding the discharge provided for in Article 319 of the Treaty on the Functioning of the European Union and in Article 145 to 147 of the Financial Regulation. The EEAS will, in this context, fully cooperate with institutions involved in the discharge procedure and provide, as appropriate, the additional necessary information, including through attendance in meetings of the relevant bodies.
Amendment 58 #
Proposal for a decision
Article 8 – title
Article 8 – title
Programming External Action Instruments and programming
Amendment 59 #
Proposal for a decision
Article 8 – paragraph 1
Article 8 – paragraph 1
1. In the framework of tThe management of EU external cooperation programmes, which remain is under the responsibility of the Commission, the High Representative and the EEAS shall contribute to the programming and management cycle for the following geographic and thematic instruments, on the basis of the policy objectives set out in the said instruments: - the Development Cooperation Instrument, - the European Development Fund, - the European Instrument for Democracy and Human Rights, - the European Neighbourhood and Partnership Instrument, - the Instrument for Cooperation with Industrialised Countries, - the Instrument for Nuclear Safety Cooperation without prejudice to role of the Commission and of the EEAS in programming as set out in the following paragraphs.
Amendment 60 #
Proposal for a decision
Article 8 – paragraph 2
Article 8 – paragraph 2
2. In accordance with Article 3, throughout the whole cycle of programming, planning and implementation of thesThe High Representative shall ensure overall political coordination of the EU's external action, ensuring the unity, consistency and effectiveness of the EU’s external action in particular through the external assistance instruments,: - the High Representative and the EEAS shall work with the relevant members and services of the Commission. All proposals for decision will be prepared through Commission procedures and submitted to the Commission for decisionDevelopment Cooperation Instrument, - the European Development Fund, - the European Instrument for Democracy and Human Rights, - the European Neighbourhood and Partnership Instrument, - the Instrument for Cooperation with Industrialised Countries, - the Instrument for Nuclear Safety Cooperation, - the Instrument for Stability, regarding the assistance foreseen in article 4 of Regulation (EC) n. 1717/2006 of 15 November 2006.
Amendment 61 #
Proposal for a decision
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The EEAS shall in particularIn particular, the EEAS shall contribute to the programming and management cycle for the said instruments, on the basis of the policy objectives set out therein. It shall have responsibility for preparing the following Commission decisions onregarding the strategic, multi- annual steps within the programming cycle: (i) country allocations to determine the global financial envelope for each region (subject to the indicative breakdown of the financial perspectives). Within each region, a proportion of funding will be reserved for regional programmes; (ii) country and regional strategic papers (CSPs/RSPs); (iii) national and regional indicative programmes (NIPs/RIPs). In accordance with Article 3, throughout the whole cycle of programming, planning and implementation of these instruments, the High Representative and the EEAS shall work with the relevant members and services of the Commission without prejudice to Article 1(3). All proposals for decision will be prepared through Commission procedures and submitted to the Commission for decision.
Amendment 62 #
Proposal for a decision
Article 8 – paragraph 4
Article 8 – paragraph 4
4. With regard to the European Development Fund and the Development Cooperation Instrument, any proposals, including those for changes in the basic regulations and the programming documents in paragraph 3 above, shall be prepared jointly by the relevant services in the EEAS and in the Commission under the direct supervision and guidanceresponsibility of the Commissioner responsible for Development Policy and then jointly submitted with the High Representative for decision by the Commission. Thematic programmes, except the European Instrument for Democracy and Human Rights, as well as the Instrument for Nuclear Safety Cooperation and the part of the Instrument for Stability referred to in the seventh indent of paragraph 2, shall be prepared by the appropriate Commission Service under the guidance of the Commissioner responsible for Development and presented to the College in agreement with the High Representative and other relevant Commissioners.
Amendment 63 #
Proposal for a decision
Article 8 – paragraph 5
Article 8 – paragraph 5
5. With regard to European Neighbourhood and Partnership Instrument, any proposals, including those for changes in the basic regulations and the programming documents in paragraph 3 above, shall be prepared jointly by the relevant services in the EEAS and in the Commission under the direct supervision and guidanceresponsibility of the Commissioner responsible for Neighbourhood Policy and then jointly submitted with the High Representative for decision by the Commission.
Amendment 64 #
Proposal for a decision
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
Amendment 65 #
Proposal for a decision
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 66 #
Proposal for a decision
Article 9 − paragraph 1
Article 9 − paragraph 1
1. The High Representative shall, after consulting the Committee referred to in Council Decision 2001/264/EC, decide on the security rules for the EEAS and take all appropriate measures in order to ensure that the EEAS manages effectively the risks to its staff, physical assets and information, and that it fulfils its duty of care responsibilities. Such rules shall apply to all EEAS staff, and all staff in Union Delegations, regardless of their administrative status or origin.
Amendment 67 #
Proposal for a decision
Article 9 − paragraph 1 a (new)
Article 9 − paragraph 1 a (new)
1a. Pending the Decision referred to in paragraph 1: - with regard to the protection of classified information, the EEAS shall apply Council Decision 2001/264/EC; - with regard to other aspects of security, the EEAS shall apply Commission Decision 2001/844/EC.
Amendment 68 #
Proposal for a decision
Article 11 − paragraph 1
Article 11 − paragraph 1
1. The General Secretariat of the Council and the relevant Commission services shall take all necessary measures so that the transfers referred to in Article 6(8)a can be accompanied by the transfers of the Council and Commission buildings necessary for the functioning of the EEAS.
Amendment 69 #
Proposal for a decision
Article 12 − paragraph 2
Article 12 − paragraph 2
2. The High Representative shall submit a report to the European Parliament and to the Council on the functioning of the EEAS in 2012no later than the end of 2011. This report shall in particular cover the implementation of the provisions of Article 8 and Article 5(3) and (10).
Amendment 70 #
Proposal for a decision
Article 12 − paragraph 3
Article 12 − paragraph 3
3. The Council, acting on a proposal from By mid-2013, the High Representative, shall review this Decision in the light of experience no later than the beginning of 2014, in accordance with Article 27 of the TEUmake a review of the functioning and organisation of the EEAS, which will cover inter alia the implementation of the provisions of Article 6(7) and (10). This review, shall, if necessary, be accompanied by appropriate proposals for revision of this Decision. In this case, the Council, in accordance with Article 27(3) TEU shall, revise this Decision in the light of the review no later than the beginning of 2014.
Amendment 71 #
Proposal for a decision
Article 12 − paragraph 4
Article 12 − paragraph 4
4. This Decision shall enter into force on the date of its adoption. Its provisions on financial management and recruitment going beyond the existing Staff Regulations and Financial Regulation shall only produce their legalshall take effects once the necessary amendments to the Staff Regulations and the Financial Regulation, as well as the amending budget, have been adopted. In order to ensure a smooth management of the personnel of the EEAS and pending the entry into force of the modifications to the Staff Regulations, the Conditions of Employment of Other Servants and the Financial Regulation necessary for the implementation of this Decision, aArrangements shall be entered into by the High Representative, the General Secretariat of the Council and the Commission, and consultations shall be undertaken with the Member States to ensure a smooth transition.
Amendment 72 #
Proposal for a decision
Annex - paragraph 2 - introductory wording (new)
Annex - paragraph 2 - introductory wording (new)
All staff in the departments and functions listed below shall be transferred en bloc to the EEAS, except for a limited number of staff mentioned below as exceptions.
Amendment 73 #
Proposal for a decision
Annex - paragraph 2 - subparagraph 1 - indent 1
Annex - paragraph 2 - subparagraph 1 - indent 1
● All hierarchy posts and support staff directly attached to them
Amendment 74 #
Proposal for a decision
Annex - paragraph 2 - subparagraph 2 - indent 1
Annex - paragraph 2 - subparagraph 2 - indent 1
● All Heads of Delegation and Deputy Heads of Delegation and support staff directly attached to them
Amendment 75 #
Proposal for a decision
Annex - paragraph 2 - subparagraph 3 - indent 5
Annex - paragraph 2 - subparagraph 3 - indent 5
● Applicable hierarchy posts and support staff directly attached to them