12 European Security and Defence Policy:
EU crisis management in a post-settlement Kosovo
| (27432)
—
| Council Joint Action on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo
|
| Legal base | Articles 14 and 25(3) TEU; unanimity
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 18 April 2006
|
| Previous Committee Report | None
|
| Discussed in Council | 10 April 2006 General Affairs and External Relations Council
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared, pending evidence from the Minister
|
Background
12.1 According to the UNMIK (UN Mission in Kosovo) website, in
Kosovo "the United Nations took on a sweeping undertaking
that was unprecedented in both its scope and structural complexity.
No other mission had ever been designed in a way that other multilateral
organizations were full partners under United Nations leadership".
12.2 It goes on to explain that UNMIK was born on
10 June 1999 when the UN Security Council in Security Council
Resolution 1244 "authorized the Secretary-General to establish
in the war-ravaged province of Kosovo an interim civilian administration
led by the United Nations under which its people could progressively
enjoy substantial autonomy". In particular, resolution 1244
called upon UNMIK to:
- perform basic civilian administrative
functions;
- promote the establishment of substantial autonomy
and self-government in Kosovo;
- facilitate a political process to determine Kosovo's
future status;
- coordinate humanitarian and disaster relief of
all international agencies;
- support the reconstruction of key infrastructure;
- maintain civil law and order;
- promote human rights; and
- assure the safe and unimpeded return of all refugees
and displaced persons to their homes in Kosovo.
12.3 Working closely with Kosovo's leaders and people,
the mission performs the whole spectrum of essential administrative
functions and services covering such areas as health and education,
banking and finance, post and telecommunications, and law and
order. It Operational Framework is grouped under four Pillars:
- Pillar I: Police and Justice,
under the direct leadership of the United Nations;
- Pillar II: Civil Administration, under the direct
leadership of the United Nations;
- Pillar III: Democratization and Institution Building,
led by the Organization for Security and Co-operation in Europe
(OSCE); and
- Pillar IV: Reconstruction and Economic Development,
led by the European Union (EU).
12.4 The head of UNMIK — currently Ambassador
Karl Eide — is the Special Representative of the Secretary-General
for Kosovo. As the most senior international civilian official
in Kosovo, he presides over the work of the pillars and facilitates
the political process designed to determine Kosovo's future status.[29]
12.5 The background to the Decision is set out in
the preamble, viz., that:
- a process to determine the
future status of Kosovo, pursuant to UNSCR 1244, was launched
at the beginning of November 2005 with the appointment of the
UN Status Envoy, Mr Martti Ahtisaari, the success of which process
"is essential not only for providing a clearer perspective
for the people of Kosovo but also for the overall stability of
the region";
- though the United Nations will remain fully engaged
in Kosovo until the end of UNSCR 1244, it has indicated that "it
will no longer take the lead in a post-Status presence";
- the EU "has a vital interest in a positive
result of this process, as well as the responsibility and the
means to contribute to such an outcome. It is likely that the
EU together with other partners will make a major contribution.
The EU will thus have to undertake an important role in Kosovo
in a complex environment. It could take on responsibility for
significant operations, particularly in the police and rule of
law area"; and
- the Stabilisation and Association Process (SAP)
"is the strategic framework for the EU's policy towards the
Western Balkan region, and its instruments are open to Kosovo,
including a European Partnership, political and technical dialogue
under the SAP Tracking Mechanism inter alia regarding standards
in the field of rule of law, and related Community assistance
programmes".
12.6 The preamble recalls that in June 2005 the European
Council "stressed that Kosovo would, in the medium term,
continue to need a civilian and military presence to ensure security
and in particular protection for minorities, to help with the
continuing implementation of standards and to exercise appropriate
supervision of compliance with the provisions contained in the
status agreement. In this respect, the European Council stressed
the EU's willingness to play a full part, in close cooperation
with the relevant partners and international organisations".
12.7 The preamble also recalls that in view of the
possibility of the EU enhancing its engagement in Kosovo, the
Council on 7 November 2005, invited the SecretaryGeneral/
High Representative, Javier Solana (SG/HR) together with the Commission
"to continue their work in identifying the possible future
EU role and contribution, including in the areas of police, rule
of law and the economy, and to submit joint proposals to the Council
in the near future".
12.8 Against that background, the preamble refers
to the presentation to the Council on 6 December 2005 by the SG/HR
and the Commission of their report on "The Future EU Role
and Contribution in Kosovo", which suggested an outline for
the EU's future involvement in Kosovo. It "stressed the desire
to normalise the EU's relations with Kosovo as far as possible
by using all the instruments available within the SAP. In addition
it stressed the need to prepare for a future ESDP mission, including
by creating and deploying a regular Planning Team soon enough
to initiate EU planning for an integrated EU mission inter
alia in the areas of rule of law and police".
The Council Joint Action
12.9 The Joint Action, which was agreed at the 10
April General Affairs and External Relations Council (GAERC),
establishes an EU Planning Team (EUPT) in Kosovo in preparation
for a possible civilian ESDP mission there, and follows a joint
Secretariat/Commission fact finding mission to Kosovo in late
February.
12.10 EUPT's objectives are two-fold:
- "to initiate planning,
including necessary procurement processes, to ensure a smooth
transition between selected tasks of UNMIK and a possible EU crisis
management operation, in the field of rule of law and other areas
that might be identified by the Council in the context of the
future status process; and
- "to provide technical advice as necessary
in order for the EU to contribute to support and maintain the
dialogue with UNMIK as regards its plans for downsizing and transferral
of competencies to the local institutions".
12.11 EUPT Kosovo's tasks will include:
- Initiating a dialogue with
the international community, the Kosovo institutions and local
stakeholders on operational issues linked to future arrangements.
- Following closely and analysing UNMIK planning
towards the end of its mandate, and actively providing advice.
- Initiating planning to allow the smooth transfer
of authority from selected tasks of UNMIK to a future EU crisis
management operation.
- Contributing to a comprehensive and integrated
EU approach, taking into account assistance in the police and
judiciary area provided in the framework of the SAP.
- Initiating work on identifying possible elements
for mandates, objectives, specific tasks and programmes and personnel
strength for a possible EU crisis management operation, including
a draft budget and "reflections on the development of exit
strategies".
- Drafting and preparing threat and risk analysis
and devising an indicative budget for the cost of security.
- Drafting and preparing procurement requirements
for the possible EU crisis management operation and ensuring appropriate
logistical support.
12.12 EUPT will have an office in Pristina supported
by a coordinating office in Brussels. Political control and strategic
direction will be exercised by the Political and Security Committee.[30]
The Head will be responsible for managing and coordinating EUPT
Kosovo activities and daytoday management, under the
guidance of the Secretary General/High Representative. He/she
will be supported by a private office, a police team, a justice
team and an administration team. Most of them will be provided
by Member States and EU institutions, who will be responsible
for expenses other than per diems. Local and other international
staff may also be recruited. The financial reference amount to
cover these and other expenses is €3,005,000.
12.13 EUPT can operate until 31 December 2006. A
review to determine whether it should end before then, or continue
thereafter, shall take place before 31 October 2006.
The Government's view
12.14 In his 18 April 2006 Explanatory Memorandum,
the Minister of State for Europe in the Foreign and Commonwealth
Office (Mr Douglas Alexander) welcomes the deployment of EUPT,
which he says will consist of 24 persons and "will help ensure
that appropriate advance contingency planning is in place for
any EU mission to Kosovo [and] … ensure that EU decision
making on a future role in Kosovo is based on sound analysis".
The establishment of the EUPT "reflects broad agreement among
EU Member States that the EU should lead the international civilian
presence in Kosovo post-Status [but] … does not prejudge
the outcome of the Status Process, or any subsequent decision
by the EU to launch an ESDP mission in Kosovo. But it is important
that contingency planning keeps in step with the Status Process
already underway".
12.15 The Minister notes that this Council Decision
relates only to the deployment of a Planning Team, and that a
further Council Decision will be required before any civilian
ESDP mission is established.
12.16 He also says — though there is no mention
of this in the Joint Action — that "the requirement
for a military presence to act as external security guarantor
will continue to be provided through NATO".
Conclusion
12.17 We note above that the preamble to the
Joint Action refers to the presentation to the Council on 6 December
2005 of the SG/HR and Commission report which, as well as outlining
the EU's future involvement in Kosovo, also discussed the need
to prepare for a future ESDP mission, including by creating and
deploying a Team to initiate EU planning for an integrated EU
mission inter alia in the areas of rule of law and police.
That this paper was not in some way shared with the House at that
time exemplifies the problems regarding scrutiny of European Security
and Defence Policy that continue to concern us, which we have
discussed on several previous occasions with the Foreign and Commonwealth
Office (and the Ministry of Defence), and about which we also
gave evidence to the Modernisation Committee.
12.18 Our concern in this instance is amplified
in that the picture revealed in the Joint Action shows how unnecessary
it was for the Minister to have over-ridden scrutiny on this occasion:
the prospect of an EUPT was foreseen as long ago as 27 February
2006, when the fact-finding mission completed its work and recommended
deployment of such a team; and, even though the House was in recess
at the time of the 10-11 April General Affairs and External Relations
Council, it is hard to see why a decision had to be taken then
when the next meeting of the Committee was as soon as 19 April.
The Joint Action makes clear that even the core of the team is
not due to be in place before the end of April, and the full team
not until 1 September.
12.19 We have already expressed our concern to
the Minister in our response to his earlier letter, to which he
refers, regarding the breach of scrutiny, and have asked that
he appear before us to discuss this issue, as well as developments
in the Kosovo Final Status Process and the likely implications
for a post-settlement EU contribution.
12.20 Until then, we shall not clear the document.
29 http://www.unmikonline.org/intro.htm. Back
30
The committee of senior officials from national delegations who,
under article 25 of the EU Treaty, monitor the international situation
in areas covered by the Common Foreign and Security Policy and,
under the general responsibility of the Council, exercise political
control and strategic direction of crisis management operations. Back
|
