556 Revista del Instituto Español de Estudios Estratégicos Núm. 2 / 2013 Difficult as it is to draw a dividing line between competences, it is equally difficult to determine the ways and means of implementing them in cases where coordinated action of the Commission and the High Representative via the Council is required. Currently, the modalities for cooperation in affecting decision-making are set out in the agreements on inter-service cooperation between the services of the Commission and the EEAS59. According to these, the proposals for CFSP action are the subject for discussion in the relevant Council working groups (thematic, geographic or the Committee for Civilian Aspects of Crisis Management -CIVCOM-)60. In its role as Commission representative in the working groups, the service of the Foreign Policy Instrument -FPI- is consulted by the EEAS from the first stage of the implementation of CFSP measures, (with the exclusion of military operations), and fully implicated in discussions on possible alternatives. Once an agreement has been reached by the Political and Security Committee –PSC- to launch a CFSP initiative 61, the FPI draws up a declaration of budgetary impact for each one of them, in consultation with the relevant services of the Commission and the EEAS. The working group of external relations advisors (RELEX) approves the budget and once the Council adopts the CFSP initiative in accordance with article 28TEU, this permits the FPI to prepare the Financial Decision in consultation with the Commission following an accelerated procedure. The High Representative, as Vice President of the Commission, is empowered to adopt these financial decisions; a power that can be delegated to the Director of the FPI. This organisation implements the financial decisions adopted. The civilian CSDP missions deployed on the ground, as well as the CPCC, may be required to facilitate technical advice and mentoring as part of a whole spectrum of programmes that fall within its remit and expertise. petence. Development cooperation policy. Case C-91/05., Rec. 2008 I-03651, DO C 171 of 5.7.2008. Cited: Decision 2004/833, whereby Common Action 2002/589/CFSP is applied with a view to a European Union contribution to ECOWAS in the framework of the Moratorium on Small Arms and Light Weapons, on account of both their aim and their content, two components, neither one of which is incidental to the other, one falling within Community development cooperation policy and the other within the CFSP…In effect , in view of article 47, the EU Court of Justice is opposed to the fact that the Union, basing itself on the EU Treaty, should adopt a measure that could have been adopted validly, on the basis of the EC; the Union cannot resort to a legal basis corresponding to the area of CFSP to dictate provisions that correspond to a competence attributed to the Community by the EC Treaty . 59 For specifics on the inter-service cooperation, see the “Working Arrangements”, SEC(2012) 48. 60 The EEAS review report, EEAS Review (p.6) calls on the Council to reconsider the rotating presidency of some of the Council’s working groups, such as that of counter-terrorism, the Athena special committee, or that of Africa, the Caribbean and the Pacific subject to the discretion of the High Representative for the sake of greater political coherence. 61 This mechanism is exclusive to civilian operations thanks to its financing mechanism managed by the Foreign Policy Instrument (FPI). In the case of military operations, these are financed by the Member States via their contribution to Athena.
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