555 Natividad Fernández Sola The proposed reform of the european external actions service and its implications for the european union‘s security policy The second area of controversy is that of the defence industry, where the European Defence Agency (EDA), included within the EEAS, plays an important role in its promotion. Its close coordination and collaboration with the Commission must be viewed as essential here. Nevertheless, the Commission tends to deal with this issue within the framework of its competences in regulating the internal market for defence. This is demonstrated in its proposal to promote a common security and defence policy 55. The fact that the main European companies in the defence sector have moved towards dual-use technology could serve to increase the prominence of the institution as a player in matters of European defence. This in itself could be a non sequitur, as Simón suggests56, as it runs the risk of worsening one of Europe’s most pressing problems: an aversion to the use of force and the perception of military power as a central component of foreign policy. Naturally enough, the establishment of a bureaucratic organisation such as the EEAS is not going to resolve the political issue; it is evident at the same time that the EU Delegations in interested third countries and the EDA should be involved in any efforts to promote the industry 57. Given that the Lisbon Treaty does not offer any guidelines on the demarcation of powers in areas of shared responsibility, it must fall upon the Court of Justice, on the basis of TEU article 40, to clarify the boundary between the CFSP and the rest of the EU’s external action, as it did with the “ECOWAS” judgement in 2008. In it, the Court clarifies the scope of Community development cooperation policy and specifies when CFSP action is possible, and consequently, annulled the Council decision of 2004, adopted on the basis of joint action 2002/589/CFSP, with a view to a European Union contribution to the ECOWAS, in the framework of the Moratorium on Small Arms and Light Weapons 58. port for the High Representative in directing and formulating policy proposals in the field of CFSP/ CSDP and support for the High Representative in ensuring the consistency of the EU external actions as a whole. 55 European Commission, Communication “A New Deal for European Defence. Towards a more Competitive and Efficient Defence and Security Sector”, July 2013, cit. 56 SIMÓN, Luis. “Setting the Tone, The 2013 French White Paper and the Future of European Defence”, RUSI Journal, vol. 155, n.4, 2013, p.6. 57 Cooperation between the EEAS and the services of the Commission also at the level of the EU Delegations is contemplated in article 5 of the decision that establishes the organization and functio-ning of the EEAS in the joint decision of the Commission and the High Representative on the me-chanisms of cooperation for the management of the EU Delegations, March 2012. 58 Judgment of the Court of Justice (Grand Chamber) 20 May 2008. Commission of the Euro-pean Communities versus Council of the European Union. Action for Annulment Article 47 EU - Common foreign and security policy – Decision 2004/833/CFSP. Application of Common Action 2002/589/CFSP Combating the proliferation of small arms and light weapons Community com-
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