2.1.2. The Council of the European Union

PESCO, in particular with regard to third state participation, and asked for work to proceed on the implementation of the common set of proposals in the context of EU-NATO cooperation. (EUCO 9/19): The European Council highlighted, under the header of “A new Strategic Agenda 2019-2024” that the EU’s CFSP and CSDP must become more responsive and active and be better linked to the other strands of external relations. The EU also needs to take greater responsibility for its own security and defence, in particular by enhancing defence investment, capability development and operational readiness; it will cooperate closely with NATO, in full respect of the principles set out in the Treaties and by the European Council, including the principles of inclusiveness, reciprocity and decision-making autonomy of the EU.

Relations with strategic partners, including our transatlantic partners, and emerging powers have to be a key component of a robust foreign policy. To that end, there need to be far more synergies between the EU and the bilateral levels. The EU can only engage with other global powers on an equal footing if it avoids a piecemeal approach and presents a united front, backed up by EU and Member State resources.

FOR FURTHER INFORMATION

To learn more about the work of the European Council and its President, go to:

http://www.consilium.europa.eu/en/ european-council/ http://www.consilium.europa.eu/en/ european-council/president/ 2.1.2. THE COUNCIL OF THE EUROPEAN UNION

The Council of the European Union (“the Council”), in conjunction with the European Parliament, is the Union institution that exercises legislative and budgetary functions. It carries out policy-making and coordinating functions as laid down in the Treaties. It consists of a representative of each Member State at ministerial level, who may commit the government of the Member State in question and cast its vote. The Council acts by a qualified majority4 except where the Treaties provide otherwise. In the area of the CFSP/CSDP, the Council usually acts by consensus and unanimity5. The adoption of legislative acts is excluded (Article 24 TEU)6 .

Currently, the Council of the EU meets in the following 10 configurations: 1. General Affairs 2. Foreign Affairs 3. Economic and Financial Affairs 4. Justice and Home Affairs 5. Employment, Social Policy, Health and Consumer Affairs 6. Competitiveness (Internal Market, Industry,

Research and Space) 7. Transport, Telecommunications and Energy 8. Agriculture and Fisheries 9. Environment 10. Education, Youth, Culture and Sport

The General Secretariat of the Council (GSC) assists the work of the Council. It is headed by its Secretary-General, who is appointed by the Council. The Secretary-General bears responsibility for

4 A qualified majority is reached if 55% of Member States representing at least 65% of the EU population vote in favour. 5 Atypical acts without specific legal basis in the Treaties, such as Council conclusions, are in practice approved by consensus, while legal acts in the area of the CFSP/CSDP are mostly adopted by unanimity. In this policy area, the Council may act by qualified majority when adopting a decision defining a Union action or position on the basis of a decision or following a specific request of the European Council to the High Representative, when adopting any decision implementing a decision defining a Union action or position, and when appointing a EU special representative (Article 31.2 TEU). In addition, some decisions in relation to the Permanent Structured Cooperation (PESCO) in the CSDP may be taken by qualified majority voting (Articles 46.2 and 46.3 TEU). 6 The exclusion of the adoption of legislative acts does not deprive CFSP Decisions of their binding nature, which is confirmed by Article 28.2 TEU. The exclusion of legislative acts is mostly linked to the exclusion of the legislative procedure from the area of the CFSP, and hence with the inapplicability of the role of the Commission and the European Parliament in this procedure.

Jochen Rehrl, 2017

The Justus Lipsius building is the main seat of the General Secretariat of the Council.

the organisation and execution of the services provided by the GSC to the rotating and ‘permanent’ presidencies of the Council and its preparatory bodies, and to the President of the European Council, including the administrative management of the GSC in terms of its human and financial resources. The Secretary-General takes part in Council meetings as appropriate. The Secretary-General of the Council is also the Secretary-General of the European Council, attends European Council meetings and takes all measures necessary for organising its proceedings. The current Secretary-General is Jeppe Tranholm-Mikkelsen. He was appointed on 21 April 2015 for the period from 1 July 2015 until 30 June 2020. Mr Tranholm-Mikkelsen was appointed for a second term on 29 April 2020. The new five-year term will run from 1 July 2020 to 30 June 2025.

Despite the fact that it meets in different configurations, the Council of the EU is a single legal entity. This has three important consequences for its work: (1)Any legal act concerning any subject falling with the Union’s competence can be formally adopted by any Council configuration, whether or not it falls under its remit. (2)There is no hierarchy among the different

Council configurations, although the General

Affairs Council has a coordinating role and is responsible for institutional, administrative and horizontal matters. (3)The office of the Presidency of the Council is also a single office. This means, in practice, that the rules applicable to the Presidency apply to any person chairing any one of the Council configurations, including the Foreign Affairs

Council ‘permanent’ chair, or, as appropriate, any person chairing one of the Council’s preparatory bodies.

It is not unusual for the members of the Council to continue their discussions at the meals that are organised on the occasion of Council meetings. However, such events do not form part of the official Council meetings and any decisions taken or conclusions reached must be formally adopted at the official meeting.

Ministers also meet to reflect and exchange views freely on topics of general scope. These informal meetings are outside the framework and procedural rules laid down by the Treaties, and discussions thereof cannot give rise to the production of documents, before or after the meeting, or to the draft-

ing of conclusions or formal decisions. In the area of foreign affairs, ministers usually meet informally once per semester, at ‘Gymnich meetings’, so called following the first meeting of this nature held in the namesake German town in 1974. Ministers of Defence also meet informally once per semester.

The General Affairs and Foreign Affairs configurations are the only ones specifically mentioned in Article 16 TEU.

The General Affairs Council ensures the consistency in the work of the different Council configurations. It prepares and ensures the follow-up to meetings of the European Council, in liaison with the President of the European Council and the European Commission.

The Foreign Affairs Council elaborates the Union’s external action on the basis of the strategic guidelines laid down by the European Council and ensures that the Union’s action in this area is consistent. This includes foreign policy, security and defence, trade, as well as development cooperation and humanitarian aid. The Council can launch CSDP missions and operations, both civilian and military, as part of the EU’s integrated approach to external conflicts and crises. It can also adopt measures needed to implement the EU’s foreign and security policy, including possible sanctions.

The Foreign Affairs Council is usually composed of the foreign ministers from all EU Member States. Depending on the agenda, however, the Council also brings together defence ministers (CSDP), development ministers (development cooperation) and trade ministers (common commercial policy). Ministers from these policy areas usually meet twice per year under the Foreign Affairs Council configuration. In the case of defence ministers, they sometimes meet back-toback with foreign ministers.

European Union

HR Josep Borrell chairs the Foreign Affairs Council, one of the 10 council configurations

The High Representative chairs the Foreign Affairs Council in its foreign policy, defence and development formations7. The representatives of the Member State holding the six-monthly rotating Presidency chair the Foreign Affairs Council in its trade formation as well as all other Council configurations. The Foreign Affairs Council meets once a month, with the exception of August and September, unless the situation warrants a meeting during one of those two months.

A Committee of Permanent Representa-

tives of the Governments of the Member States

(Coreper8) prepares the work of the Council and carries out the tasks assigned to it by the Council. Moreover, Coreper ensures the consistency of the Union’s policies and actions. The chief role of Coreper is to coordinate and prepare the work of the different Council configurations, including Foreign Affairs, and to attempt to find, at its level, an agreement that will subsequently be submitted to the Council for decision or adoption9. Coreper’s central role is illustrated by the fact that all of the items on the Council’s agenda must be examined beforehand by Coreper unless, for reasons of urgency, the Council decides otherwise. Coreper is divided in two parts, 1 (deputy Permanent Rep-

7 It must be noted that the High Representative does not chair ministerial meetings that fall under the Foreign Affairs

Council remit which deal with common commercial policy issues; these are chaired by the six-monthly rotating Presidency of the Council. As it is an exclusive competence of the EU, the Council adopts measures implementing the EU’s common commercial policy together with the European Parliament. 8 This acronym derives from the French abbreviation for ‘Comité des représentants permanents’. 9 It is worth noting that any agreement worked out by Coreper can always be called into question by the Council, which alone has the power to make decisions.

resentatives) and 2 (Permanent Representatives). Coreper 2 prepares, inter alia, the work of the Foreign Affairs Council10 .

The Political and Security Committee (PSC), provided for in Article 38 TEU, plays a central role in the area of the CFSP and CSDP. It performs two main functions: (1) it monitors the international situation in areas relating to the CFSP and contributes to the definition of policies, delivering opinions within the Council, without prejudice to the work of Coreper; (2) under the responsibility of the Council and of the High Representative, it exercises political control and strategic direction of civilian and military CSDP missions and operations and may, when appropriate and if so empowered by the Council, take decisions in this area. A representative of the High Representative chairs the PSC11 .

Beyond Coreper and the PSC, more than 150 different preparatory bodies, in the form of committees or working groups, support the work of the Council12. Some 35 Council thematic and geographic preparatory bodies support the work of the Foreign Affairs Council. Below is a selection of those that are more closely associated with the area of the CSDP.

European Union / Enzo ZUCCHI

Finnish Ambassadrice Sofie From-Emmersberg is the permanent chair of the Political and Security Committee (PSC) In May 2020, the Chairman of the European Union Military Committee, General Graziano, chaired a “virtual” session of the EUMC at CHODS level to discuss the Military implications of the Covid 19 pandemic.

The European Union Military Committee (EUMC) is the highest military body set up within the Council (Council Decision 2001/79/CFSP of 22 January 2001). It directs all military activities within the EU framework, in particular the planning and execution of military missions and operations under the CSDP and the development of military capabilities. It gives military advice to the PSC and makes recommendations on military matters. The EUMC is composed of the chiefs of defence (CHOD) of the Member States, who are regularly represented by their permanent military representatives (MilReps). The Committee has a permanent chair, selected by the EUMC meeting at the level of chiefs of defence, and appointed by the Council.The EUMC chair is also the military advisor to the High Representative.

The European Union Military Committee Working Group (EUMCWG) supports and assists the EUMC in its work on military matters within the EU framework. It carries out tasks assigned to it by the EUMC, such as the drafting of military advice and military concepts, and reports to the

10 Coreper 2 is assisted by members of the ‘Antici Group’, so called after its first chairman. It was set up in 1975 to review the agenda for Coreper 2 and settle technical and organisational details. This preparatory stage makes it possible for the

Presidency to have an initial idea of Member States’ positions, possibly to be taken when Coreper 2 meets. 11 The work of PSC is prepared by the ‘Nicolaidis group’, so called after its first chairman. 12 For the full list of Council preparatory bodies, see the following document: List of Council preparatory bodies, doc. 9199/20.

European Union

Three presidents in the Jean-Monnet-House; David Sassoli (European Parliament), Ursula von der Leyen (European Commission) and Charles Michel (European Council)

EUMC. The EUMCWG has a permanent chair, selected by the EUMC meeting at the level of military representatives, and appointed by Coreper.

The European Union Military Committee

Working Group/Headline Goal Task Force

(EUMCWG/HTF) is a group of experts dealing with military capability development. It is the EUMC’s working body with regard to all aspects of capability development where it has a responsibility. Beyond that, it has been given tasks encompassing a wider range of capability related issues in the preparation of EUMC decisions. The EUMCWG/HTF has a permanent chair, selected and appointed by the EUMC meeting at the level of military representatives.

The Politico-Military Group (PMG) carries out preparatory work in the area of the CSDP for the PSC. It covers the political aspects of EU military and civil-military issues, including concepts, capabilities and operations and missions. The PMG prepares Council conclusions and provides recommendations for the PSC, monitors their effective implementation, contributes to the development of horizontal policy and facilitates exchanges of information. It has a particular responsibility regarding partnerships with non-EU countries and other organisations, including NATO, as well as exercises. It is chaired by a representative of the High Representative and is composed of Member States’ delegates.

The Committee for Civilian Aspects of Crisis Management (CivCom) provides information, formulates recommendations and gives advice to the PSC on civilian aspects of crisis management (Council decision 2000/354/CFSP of 22 May 2000). It prepares planning documents for civilian CSDP missions and deals with the development of strategies for civilian crisis management and for civilian capabilities. It is chaired by a representative of the High Representative and is composed of Member States’ delegates.

The Working Party of Foreign Relations Counsellors (RELEX) deals with the legal, financial and institutional issues of the CFSP. Its priorities include sanctions, CSDP missions and operations, EU special representatives, the financing of external activities, non-proliferation matters, and other crosscutting issues in the area of the CFSP/ CSDP. In 2004, a new formation called ‘Sanctions’ was created within the working party. Its main task is to share best practices, and to revise and implement common guidelines to ensure effective and uniform implementation of EU sanctions regimes. RELEX is chaired by a representative of the rotating Presidency of the Council.

FOR FURTHER INFORMATION

To learn more about the work of the Council of the EU in the CFSP/CSDP domain go to:

http://www.consilium.europa.eu/en/ policies/defence-security/