EU POLICE MISSION IN BOSNIA AND APPOINTMENT
OF EU SPECIAL REPRESENTATIVE
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(23269)
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(b)
(23270)
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(c)
(23271)
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Draft Council Joint Action on the European Union Police Mission.
Draft Council Joint Action on the appointment of the EU Special Representative in Bosnia and Herzegovina (BiH).
Draft Council Decision concerning the appointment of the Head of Mission /Police Commissioner of the European Union Police Mission (EUPM).
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| Legal base | Article 14 EU; unanimity
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| Department: | Foreign and Commonwealth Office
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| Basis of consideration: |
Ministers' letters of 13 February 2002 and 4 March 2002; EMs of 4 March 2002
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| Previous Committee Report:
| None |
| Discussed in Council: |
18 February General Affairs Council |
| Committee's assessment: | Politically important
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| Committee's decision: | Cleared
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The Ministers' letters
22.1 On 13 February, the Minister for Europe (Mr Peter
Hain) wrote to inform us that the UN's International Police Task
Force (IPTF) is due to complete its mandate in Bosnia at the end
of the year. Good progress had been made in improving the performance
of the local police, but there remained a need for a further international
presence to continue the work of the IPTF. In particular, a follow-on
mission was needed to improve high-level management, develop the
rule of law and "get the politics out of policing" Building
Bosnian capacity in this area was, the Minister said, a key part
of the EU's conflict prevention strategy in the Balkans.
22.2 The Minister said that the General Affairs Council
(GAC) on 18 February was likely to endorse a proposal for an EU
police mission to succeed, and build upon the work of, the IPTF.
This would be the first mission under the European Security and
Defence Policy (ESDP). He expected the EU proposal to then be
put to the Bosnia Peace Implementation Council (PIC) Steering
Board on 28 February for formal approval. This Council was set
up to oversee implementation of the Dayton Peace Agreement.
22.3 The Minister comments:
"We have worked hard to achieve a good outcome, and ensure
that the mission meets our key concerns:
- a clear and well-targeted mission statement;
- clear command and control arrangements, which fully take into
account the work of the Bosnian High Representative (soon to be
Lord Ashdown);
- non-EU third country participation in the mission;
- secure financial arrangements
"We will be expected to contribute substantially to the
new force, given our expertise and the fact that Lord Ashdown
will take over as the new High Representative in Bosnia in May.
The UK currently provides an 80-strong contingent to the 1600-strong
IPTF."
22.4 On 4 March, the Parliamentary Under Secretary of
State at the Foreign and Commonwealth Office (Mr Denis MacShane)
brings us up to date. The GAC endorsed the proposal and the PIC
formally accepted it. He says that a draft Joint Action on the
EUPM is now being discussed and points out that in the current
draft there are two options on the financing arrangements. Although
the Council was in agreement on the arrangements, these are subject
to further discussion with the European Parliament in its role
as part of the budgetary authority.
22.5 The Minister comments that the Government is satisfied
that the Joint Action reflects the UK's key concerns on a clear
mission statement, clear command and control arrangements which
fully take into account the work of the Bosnian High Representative,
non-EU third country participation and secure financial arrangements.
Draft Joint Action on the EU Police Mission
22.6 In his Explanatory Memorandum on this proposal,
the Minister says that the UN mission had concentrated on basic
training and monitoring of the lower level Bosnian police structures.
Much work remained to be done, mainly in de-politicising the police
management structure and training, monitoring and mentoring the
mid-high level Bosnian police. To accomplish this the follow-on
mission would require approximately 500 high-ranking international
police officers.
22.7 The draft Joint Action establishes a main headquarters
in Sarajevo, composed of the Head of Mission/Police Commissioner
and staff. Part of the staff will consist of liaison officers
to work with other international organisations on the ground.
It also establishes 24 monitoring units to be co-located within
the various Bosnia and Herzegovina Police structures at medium
to high level.
22.8 The Chain of Command provides for the following:
"— the EU Special Representative shall report to
the Council through the SG/HR;
- the Political and Security Committee shall provide the political
control and strategic direction;
- the Head of Mission/Police Commissioner shall lead the EUPM
and assume its day-to-day management;
- the Head of Mission/Police Commissioner shall report to the
SG/HR through the EU Special Representative;
- the SG/HR shall give guidance to the Head of Mission/Police
Commissioner through the EU Special Representative."
22.9 The financial reference amount is for:
22.10 Each Member State is to bear the costs of the police
officers it seconds. The international civilian staff and local
staff will be recruited on a contractual basis by the EUPM.
22.11 The preamble includes, in addition to a reference
to the financial reference amount, a recital in square brackets
which says that, should the CFSP budget finances not be sufficient,
the Council would decide, in accordance with the Treaty on the
European Union, how to cover any remaining common costs.
The appointment of the EU Special Representative in Bosnia
and Herzegovina
22.12 The 18 February GAC agreed that the next High Representative
in Bosnia and Herzegovina should be the EU Special Representative
and this proposal was supported by the PIC. The Minister comments
that, in doing so, the EU would send a strong and clear signal
that the future of Bosnia lies in its integration into European
structures.
22.13 It is understood that the High Representative is
nominated by the EU, approved by the PIC Steering Board and then
confirmed in a UN Security Council Resolution (UNSCR.) The appointment
of Lord Ashdown of Norton-sub-Hamdon as the next High Representative
is subject to the UNSCR being adopted. The Minister expects this
to be a formality. Lord Ashdown will take up office at the end
of May 2002, probably for an initial period of one year. The Minister
says that double-hatting the EU special representative and the
High Representative will help ensure that the EU mission is part
of wider efforts to establish the rule of law in Bosnia, and that
Lord Ashdown is part of the command and control chain of the EU
mission.
The appointment of the Head of Mission/Police Commissioner
for the EU Police Mission to Bosnia
22.14 This draft Council Decision proposes that Sven
Christian Frederiksen, a Dane, should be appointed as Police Commissioner
from 1 January 2003. The appointment is to be reviewed annually.
The Government's view
22.15 Apart from noting that this will be the first mission
for the European Security and Defence Policy, the Minister simply
comments that it follows on directly from the Prime Minister's
St. Malo initiative.
Conclusion
22.16 It will be important for this mission to succeed
and we note that care has been taken to ensure that a clear chain
of command has been set out in the draft Joint Action which establishes
the Police Mission. The double-hatting of the High Representative
and the EU Special Representative should also help to ensure clarity.
22.17 We now clear the documents.
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