House of Commons - European Scrutiny Committee

European Scrutiny Committee Contents

7 Common Foreign and Security Policy

(30691)

10665/09

+ CORs 1-2

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Annual report from the Council to the European Parliament on the main aspects and basic choices of the CFSP (point G, paragraph 43 of the Interinstitutional Agreement of 17 May 2006) — 2008

Legal base Article 21 EU; unanimity

Department Foreign and Commonwealth Office

Date deposited 15 June 2009

Basis of consideration EM of 15 June 2009

Previous Committee Report None: but see 29672 —: HC 16-xxii (2007-08), chapter 12 (21 May 2008), HC 16-xxv (2007-08), chapter 11 (25 June 2008); and (30250) 16686/08 and (30355) 17104/08: HC 19-v (2008-09), chapter 2 (28 January 2009)

Discussed in Council 15 June 2009 General Affairs and External Relations Council

Committee's assessment Politically important

Committee's decision Cleared

Background

7.1 Under Article 21 EU, the European Parliament is to be consulted on the main aspects and basic choices of the EU's Common Foreign and Security Policy and kept regularly informed by the Presidency and the Commission of the development of this policy. In line with these requirements, the Council submits an annual report to the European Parliament.

The 2008 Annual Report

This 95 page report covers the year 2008 and also looks at perspectives for future action. It complements the chapter on external relations of the annual report on the progress of the EU presented to the European Parliament in application of Article 4 of the Treaty on European Union, which includes the broad priorities of the EU's external relations. It is set out under six headings:

— Addressing Threats and Global Challenges

— Building Stability in Europe and Beyond

— Contribution to a more effective Multilateral Order

— Fostering Partnerships Across the World

— More Effective, Capable and Coherent

— Looking ahead at 2009

7.2 Annex I of the report lists 18 pages of Legal Acts carried out in the CFSP area, Annex II lists the appearances of representatives of the Council before the European Parliament and Annex III the commitment appropriations of the 2008 CFSP budget (which is reproduced at the Annex to this chapter of our Report).

7.3 The report is fully summarised and analysed by the Parliamentary Under-Secretary of State at the Foreign and Commonwealth Office (Chris Bryant) in his Explanatory Memorandum of 15 May 2008.

7.4 The Minister notes that CFSP objectives were pursued in cooperation with multilateral actors, in particular the UN, NATO and Organisation for Security and Cooperation in Europe (OSCE), but also increasingly with other regional bodies such as the African Union, and that the EU also continues to work bi-laterally with strategic partners such as the US, Russia and China on a broad spectrum of international issues.

7.5 The Minister also draws attention to the coverage in the report of the EU's response to major security challenges, including the fights against terrorism, radicalisation and proliferation.

7.6 The Minister further notes that, in 2008, key actions detailed in the report that led to legislative actions — Joint Actions, Council Decisions, Common Positions, Council Regulations amending these — were submitted to the Committee by the Foreign and Commonwealth Office, along with135 Explanatory Memoranda, in order to facilitate their scrutiny.

7.7 The Minister "highlight[s] the continued success of the EU" in the following areas:

NON-PROLIFERATION

"As detailed in this report, in 2008, the Council was active on advancing its efforts to Counter Proliferation. This is demonstrated by the agreement of Joint Action in support of the implementation of the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Antipersonnel Landmines and on their Destruction and the adoption of the Common Position defining legally binding common rules governing the control of exports of military technology and equipment.

"The UK promotes Non-Proliferation because it helps save lives and underpins high standards of human rights observance and development. It does this by regulating the global arms trade in a way that will facilitates the legitimate and responsible export of conventional arms and prevents irresponsible arms trading.

REGIONAL CONFLICTS, CONFLICT PREVENTION AND SITUATIONS OF FRAGILITY

"In 2008 the Council agreed to a number of measures designed to enhance security and stability in the world.

"The Council was instrumental in the international community's response to the conflict between Georgia and Russia in August 2008. The EU, led by the Presidency, brokered a ceasefire between Russia and Georgia, and the Council agreed to launch the EU Monitoring Mission (EUMM) to monitor the implementation of the ceasefire. This mission has undertaken over 3,600 patrols and continues to play a key role in defusing tensions in disputed areas. The Council condemned Russia's decision to recognise the independence of the separatist regions of Abkhazia and South Ossetia, and continues to make clear its support for the sovereignty and territorial integrity of Georgia within its internationally recognised borders. The Council's unity in delivering these messages continues to make a valuable contribution to wider international efforts to find a durable and stable solution to the conflict in Georgia, which the UK supports.

"ESDP missions continue to be active in the world, 2008 saw the launch of the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA);the extensions of the mandates of the two ESDP missions in the Democratic Republic of Congo (DRC), the EU advisory and assistance mission for security reform in the Democratic Republic of Congo (DRC) (EUSEC RD Congo) and the EU Police Mission for the DRC (EUPOL DR Congo);

"The mission in the Republic of Chad has now ended and the Government awaits its final report, which will in turn be passed on to the Committees. The missions in the DRC have had an impact, and the Government continues to support their continued efforts, particularly in the areas of Security Sector Reform.

"In the Middle East the mandates of the missions in the Palestinian territories were extended. Despite the continued closure of the border crossing at Rafah, the EU Border Assistance Mission to the Rafah Crossing Point (EUBAM Rafah) stands ready to deploy at short notice should the political and security situation allow. The UK welcomes the expansion of activities of the EU Police Mission in the Palestinian Territories (EUPOL COPPS) into the Rule of Law area.

"The ESDP mission in Kosovo is the largest EU civilian mission to date, covering police and the entire rule of law spectrum. We encourage increased engagement with Kosovo and fully support the EUSR (who is double-hatted as the head of the International Civilian Office) in his mission. The Government welcomes greater EU engagement in Kosovo and in particular EULEX's deployment throughout Kosovo and its declaration of full operational capability on 6^th April 2009.

"In 2008 the Council decided to double the size of the EU Police mission in Afghanistan (EUPOL Afghanistan) and this is being taken forward into 2009. The Government welcomes this commitment to support reform and stabilisation of Afghani governance. In 2009 the EU will strengthen its engagement in Afghanistan in particular through increased efforts on rule of law, (including through EUPOL Afghanistan,) support for improved governance, and assistance in preparation of elections.

"In December 2008 the EU launched its first naval maritime operation to combat piracy off the coast of Somalia. Operation ATALANTA aims to protect World Food Programme humanitarian deliveries and to deter and disrupt pirate attacks on other vulnerable shipping. The UK is providing the Operation Commander and the Operation Headquarters. The Royal Navy also provided HMS NORTHUMBERLAND for the first period of the mission. In addition to ensuring the safe delivery of essential humanitarian supplies, counter piracy measures are vital to protect the Horn of Africa which is a key global economic artery. We are engaged with the international community, particularly through the Contact Group on Piracy off the Coast of Somalia (CGPCS) in taking forward work on military coordination, working with the shipping industry, Somali information strategies and regional capability development.

SANCTIONS AND HUMAN RIGHTS

"Respect for human rights, democracy, good governance and the rule of law underpinned the application of EU restrictive measures. In the cases of Belarus and Zimbabwe, sanctions were applied as levers to enact change, responding to the steps taken by the respective authorities regarding the state of human rights and fundamental freedoms. The Government welcomed the flexible use of sanctions in these cases. Suspending the travel ban on certain Belarus officials following positive steps taken by their government, contrasted with the addition of further individuals and entities to Zimbabwe sanctions following flagrant breaches of human rights and democratic principles.

"Sanctions were also targeted against Iran in accordance with the UN Security Council Resolution 1737 adopted on 27 December 2006, Resolution 1747 adopted on 24 March 2007 and Resolution 1803 adopted on 3 March 2008. The EU has robustly implemented the UN Resolutions, strengthening provisions in some areas, especially on financial vigilance. The Government welcomed these measures and continues to support targeted multilateral sanctions against Iran in order to constrain the regime's ability to finance and develop nuclear and missile programmes.

"On 3 September 2008, the European Court of Justice found that the EC Regulation breached the fundamental rights of Kadi and Al Barakaat, in particular because they were denied both information and the right to effective review. The EU addressed these defects, by providing to Mr Kadi and Al Barakaat narrative summaries of reasons for their listing, giving them an opportunity for comment, and considering the basis for their listing. Following this process, a Commission Regulation was published on 2 December 2008, re-listing Mr Kadi and Al Barakaat. The assets freeze against Mr Kadi and Al Barakaat therefore remained in place at EU level. This is a significant ruling and we continue to work with our international partners to address the due process issues raised by the court's judgment.

"The EU imposed autonomous sanctions against Comoros following a coup, but these were lifted after positive political developments. Sanctions against Rwanda were also lifted, in line with UN Security Council resolution 1823. All other sanctions regimes (including measures imposed on the Democratic Republic of Congo, Sudan, Somalia) were extended, and we will ensure that these measures are kept under constant review

CFSP BUDGET

"The UK welcomed the significant increase in the CFSP budget in 2008. Almost 90% of the CFSP budget funded the continued growth, both in quality and quantity, of ESDP missions. The year saw the launch of the largest civilian mission to date, EULEX Kosovo, which reached Initial Operational Capability on 9December 2008, the launch of EU Security Sector Reform mission in Guinea Bissau and the monitoring mission in Georgia, EUMM Georgia. The UK continues to push for stricter budget discipline and greater prioritisation of activity from this budget. We do this in working groups in Brussels, working with the Commission and other Member States.

"The current EU Financial Perspective (2007-13) allocates €1.74 billion from the EC budget to the CFSP Budget. This was agreed at the European Council on 15-16 December 2005. The UK contributes approximately 17% to the CFSP Budget; this equates to €295.8 million over the seven years.

"The CFSP budget for 2008 was €285 million. This increase from the 2007 budget (€159.2 million) was partly due to the launch of EULEX Kosovo, which had a budget of €120 million. For 2009, the CFSP budget has been set at €243 million. The budget is set to increase until the end of the Financial Perspective."

7.8 Finally, the Minister notes that the report is due to be adopted at the General Affairs and External Relations Council on 15 June 2009 and then transmitted to the European Parliament in line with the inter-institutional agreement.

Conclusion

7.9 As the Minister notes, the Committee is familiar with much of the content of this Report via the legislative actions submitted to it by the Foreign and Commonwealth Office, along with the 135 Explanatory Memoranda to which he refers. This is testimony to the level of activity now engendered by the EU's Common Foreign and Security Policy (though it should be noted that the Committee considers over one thousand documents each year). But sheer volume of Explanatory Memoranda does not necessarily constitute effective scrutiny.

7.10 Earlier this year, as a result of our dissatisfaction regarding the "upstream" scrutiny of CFSP and ESDP — i.e., the points at which policy decisions are taken that then result in the legislative actions to which the Minister refers — we took evidence from the then Minister of Europe (Caroline Flint).This had been preceded by our dissatisfaction over the Government's failure to notify the Committee, during the formative stage, of changes of policy towards the extant restrictions on the leadership of two of the most egregious regimes in the areas of human rights, democracy and the rule of law; and over the Government's failure, despite repeated requests from the Committee, to deposit ahead of adoption the revision of the EU's European Security Strategy — which the Committee then discovered had been adopted along with two important declarations and a statement on various aspects of international security and European Security and Defence Policy, which the then Minister for Europe acknowledged would form the "frame of reference for future EU action".[30] The Committee's dissatisfaction had been aggravated because it had been assured by the Foreign Secretary in May 2008 that the Government was " committed to the principle of upstream scrutiny" and recognised "that, for scrutiny to be effective, your Committee needs to be able to examine the EU policy-making process at the earliest possible stage", and that he supported "being as open as possible regarding the context of the Conclusions and the general position that the UK will be taking in Council."

7.11 In that evidence session on 4 February,[31] and in subsequent correspondence with the Committee, the then Minister of Europe has taken the view that such "Non-legislative EU documents are not covered by the Scrutiny Reserve Resolution" and that the Government is "therefore not required to obtain scrutiny clearance prior to adoption in the Council of Ministers". The Committee's view is that such documents are the equivalent of Commission Communications, which likewise constitute "frames of reference for future EU action", should accordingly be deposited and, under Standing Order No. 143, can be deposited if the Minister so desires. Our exchanges with the then Minister conclude in her informing the Committee that scrutiny was "a priority" and that the message she had delivered to senior managers and other FCO officials was of "the importance to me and my Ministerial colleagues of attention to the scrutiny process"; and our noting that:

— what the Committee needs above all is not to be taken by surprise when it is presented with a piece of draft legislation, or a declaration or statement of some sort that will then determine future Joint Actions, Common Positions etc;

— the initiative must lie with the FCO, since by definition the Committee cannot know what is under discussion, particularly with regard to such declarations or statements;

— it is here that, in line with the Foreign Secretary's and the then Minister for Europe's own assurances, the possibilities lie for more constructive and imaginative thinking, and where the Committee looks to the FCO to be as forthcoming as possible when future declarations, statements and the like are in gestation.

7.12 We draw these exchanges to the attention of the House not only so that they, but also so that the new Minister for Europe, may be aware of them.

7.13 We now clear the document.

Annex: CFSP budget 2008 — commitment appropriations

ACTIONS DECIDED BY THE COUNCIL IN 2008 €:

19.0301: Monitoring and implementation of peace and security

2008/736/CFSP (EUMM Georgia — 19.0301) 31,000,000.00

2008/759/CFSP (EUMM Georgia — 19.0301) 4,000,000.00

2008/862/CFSP (EUBAM Rafah — 190301) 2,500,000.00

19.0302: Non-proliferation and disarmament

2008/113/CFSP (International Tracing Instrument — 19.0302) 299,825.00

2008/230/CFSP (EU Code of Conduct on Arms Exports — 19.0302) 384,000.00

2008/307/CFSP (WHO — 19.0302) 2,105,000.00

2008/314/CFSP (IAEA IV — 19.0302) 7,703,000.00