13. AGREEMENT ON NON-EU THIRD COUNTRY
CONTRIBUTORS TO THE EU OPERATION IN THE FORMER YUGOSLAV REPUBLIC
OF MACEDONIA
(24274)
—
—
|
Draft Council Decision concerning the conclusion of agreements under Article 24 between the European Union and nonEU third country contributors to the European Union Military Operation in the Former Yugoslav Republic of Macedonia.
|
| Legal base: | Article 24 EU; unanimity
|
| |
| Department: | Foreign and Commonwealth Office
|
| Basis of consideration: | EM of 21 February 2003
|
| Previous Committee Report: | None
|
| To be discussed in Council: | No date set but expected to be agreed in early March
|
| Committee's assessment: | Politically important
|
| Committee's decision: | Cleared
|
The document
13.1 The Joint Action on the EU military operation in
the Former Yugoslav Republic of Macedonia (FYROM), which we cleared
on 29 January and considered again on 12 February, foresaw the
need for agreements, under Article 24 of the Treaty on European
Union, with non-EU third country contributors. This draft Council
Decision on concluding negotiations will provide the legal basis
for such countries to contribute to the mission. It has been submitted
for scrutiny before a Council Decision has been issued authorising
the Presidency to open negotiations.
13.2 The Minister promises to submit a Supplementary
Explanatory Memorandum (SEM) as soon as a text is available on
a Council Decision endorsing the final agreements with third countries
selected to take part in the FYROM operation. He warns that, given
the compressed timetable, which results from the EU's intention
to launch the operation this spring, the Government may only have
received this draft Decision at short notice.
13.3 According to the note from the Council Secretariat
on the unofficial draft, the text has been influenced, in part,
by the agreements concluded with third countries on the EU Police
Mission in Bosnia and Herzegovina. Its provisions include that:
- all forces and personnel shall remain under the full command
of their national authorities. These shall transfer Command and
Control to the EU Operation Commander. The contributing third
country will have the same rights and obligations in terms of
day-to-day management of the operation as participating Member
States;
- EU classified information is to be handled according to the
EU Council's security regulations; and that
- like Member States, third countries will have to fund the
cost of their seconded personnel on a "costs lie where they
fall" basis. They will also have to contribute to the common
costs.
The Government's view
13.4 The Minister notes that non-EU European members
of NATO (Turkey, Norway, Iceland, the Czech Republic, Hungary
and Poland) and Canada have a right to participate in any EU operation
which uses NATO assets and capabilities. Given the small size
of the planned FYROM operation, he thinks it unlikely that all
the third countries that are invited to participate will have
their offers accepted. The exact composition of the force, and
therefore of third country participation , will have to be a matter
of military judgement by the Operation Commander during the force
generation process.
13.5 The Minister also comments that the UK has always
insisted on the importance of "inclusive, outward-looking
provisions" and it therefore welcomes the intention to invite
a range of countries to consider taking part in this first ESDP
military operation. The contribution by third countries will obviously
bring down the UK's share of the common costs that are calculated
on the GNP key.
13.6 The Minister says that the Council hopes to agree
this text within two weeks, presumably from 21 February, the date
of his Explanatory Memorandum.
Conclusion
13.7 It has always been foreseen that non-EU third
countries would be able to participate in EU-led operations, although
it was expected that the majority of personnel would be from EU
Member States.
13.8 The draft Council Decision to begin negotiations
is usually little more than a formality. We thank the Minister
for providing us with an Explanatory Memorandum on the present,
more substantial document as soon as it became available.
13.9 We now clear this document.
| 
