13 The EU and the former Yugoslav Republic
of Macedonia
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| Council Common Position extending and amending Common Position 2004/133/CFSP on restrictive measures against extremists in the former Yugoslav Republic of Macedonia
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| Legal base | Article 15 EU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | Minister's letter of 2 February 2009
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| Previous Committee Report | HC 19-v (2008-09), chapter 9 (28 January 2009); also see (30149) 15455/08: HC 19-i (2008-09), chapter 3 (10 December 2008)
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| To be discussed in Council | 10 February 2009 Economic and Finance Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
13.1 The Ohrid Framework Agreement is the peace agreement, brokered
by NATO, which brought an end to the internal conflict in 2001.
13.2 On 10 February 2004, the Council adopted Common
Position 2004/133/CFSP imposing a 12-month travel ban against
extremists in the Republic of Macedonia who actively promote or
take part in violent extremist activities challenging the Ohrid
Framework Agreement's basic principles of stability, territorial
integrity and the unitary and multi-ethnic character of the Republic
of Macedonia.
13.3 The ban also applies to those who deliberately,
repeatedly and illegitimately undermine and obstruct the concrete
implementation of the Ohrid Framework Agreement by actions outside
the democratic process.
13.4 The ban does not apply to individuals acting
legitimately — for example by exercising their democratic
right to criticise the Agreement in a speech or by voting against
Ohrid Framework Agreement legislation in Parliament.
13.5 These provisions were subsequently renewed by
the Council on 8 February 2008 (in Common Position 2008/104/CFSP).
The Common Position
13.6 This draft, which we considered on 28 January
2009, extends Common Position 2004/133/CFSP for a further 5 months
and amends it by removing some of the names on the present list.
13.7 In her Explanatory Memorandum of 23 January
2009, the Minister for Europe at the Foreign and Commonwealth
Office (Caroline Flint) said that the names remaining on the list
reflected consultations between EU Heads of Mission in Macedonia
and the EU Special Representative. The Minister noted that implementation
of the Agreement was "a key condition for Macedonia's EU
and NATO accession" She continued thus:
"As Macedonia has made more progress in implementing
the Agreement and has moved further along its path to EU accession,
the Ohrid Framework Agreement has become more securely embedded.
This has allowed the list of individuals covered by this measure
to be revised downwards. In the light of this progress, the most
recent extension is proposed to run for only a further 5 months,
allowing a full and timely evaluation of this measure and whether
it continues to be needed later in the year."
13.8 For our part, we observed that the Minister
did not explain who the remaining individuals were, nor what they
had done that merited their continued inclusion on the list. Nor
why the extension was for this short and rather odd period. Nor
when the evaluation was to take place. With regard to the question
of what the remaining individuals had done that merited their
continued inclusion on the list, we referred the Minister to the
original Common Position, in which the behaviour by each individual
on the list that was judged to be "deliberately, repeatedly
and illegitimately [seeking to] undermine and obstruct the concrete
implementation of the Ohrid Framework Agreement by actions outside
the democratic process" is set out.
13.9 With all this in mind, we also recalled that
the 5 November 2008 Commission Communication "Enlargement
Strategy and Main Challenges 2008-2009" said that "the
former Yugoslav Republic of Macedonia needs to ensure the holding
of free and fair elections, to improve the dialogue between major
political parties and actors, and to fulfil outstanding key partnership
priorities", and that the Commission would "continue
to monitor closely progress in these areas".
13.10 Against that background, we asked the Minister
to explain that which she had not done so far, including whether
the five month period had anything to do with the timing of these
elections, and if the evaluation would be determined by the conduct
and outcome of those elections.
13.11 We also asked, with respect to future such
Common Positions (new, amended or extended), that the Minister
ensures that similar information is incorporated either in the
text or in the accompanying Explanatory Memorandum.
13.12 In the meantime we retained the document under
scrutiny.[39]
The Minister's letter of 2 February 2009
13.13 The Minister says that the individuals who
remain on the list have a known criminal background threatening
the Ohrid Framework Agreement, in line with the criteria referred
to by the Committee. She continues as follows:
"What is less clear, however, is to what extent
these individuals have engaged in activities of concern recently.
The credibility of the sanctions is ensured by the list being
kept up-to-date and relevant. For these reasons, the UK, supported
by several EU partners, argued that there should be a short extension
to the Common Position, which would allow time for a fuller review
of this matter. An extension period of 5 months was agreed, following
a proposal by the EU Presidency. We have indicated that unless
over the next months we see clear evidence of recent activity
posing a threat to the Ohrid Framework Agreement, we will not
agree to the measures being extended beyond July. The EU Presidency
will determine exactly how the review should be taken forward,
though we would expect that review to begin in good time before
the expiration of the measures."
13.14 With regard to whether evaluation of the measures
would be affected by the conduct and outcome of the Presidential
and local elections scheduled for 22 March, the Minister says
that:
"The evaluation should only be influenced by
developments around the elections if any of the individuals concerned
engages in activities during this period that are aimed at undermining
the Ohrid Framework Agreement."
13.15 The Minister concludes her letter with the
hope that the Committee will understand that she may have to agree
to adoption of the Common Position at the 10 February meeting
of the Economic and Financial Affairs Council, the scrutiny reserve
notwithstanding: "If the Position were not agreed at that
point, the measures would lapse, harming their effectiveness and
preventing an orderly review."
Conclusions
13.16 In view of the Minister's explanation we
now clear the document.
13.17 However, we remain concerned as to how doubts
about the extent to which these individuals have engaged in activities
of concern recently have emerged, since our understanding was
that the extension was based upon a review carried out and agreed
by local EU Heads of Mission and the European Union Special Representative.
If and when any further extension is put forward, we shall expect
a much better explanation than was originally provided in this
instance, and for it to be provided at once, and not in instalments.
39 See headnote: HC 19-v (2008-09), chapter 9 (28 January
2009). Back
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