58 Common Foreign and Security Policy
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10659/10
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| Annual Report from the High Representative of the Union for Foreign Affairs and Security Policy 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) — 2009
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| Legal base | Article 36 TEU; —
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| Department | Foreign and Commonwealth Office
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| Document originated | 8 June 2010
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| Date deposited | 10 June 2010
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| Basis of consideration | EM of 15 June 2010
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| Previous Committee Report | None: but see (30691) 10665/09: HC 19-xxi (2008-09), chapter 7 (24 June 2009); 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)
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| Discussed in Council | 14 June 2010 Foreign Affairs Council
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
58.1 Under Article 36 TEU (previously Article 21 TEU), the European
Parliament (EP) is to be consulted regularly by the High Representative
of the Union for Foreign Affairs and Security Policy (HR) on the
main aspects and basic choices of the EU's Common Foreign and
Security Policy (CFSP) and Common Security and Defence Policy
(CSDP), kept informed of how these policies evolve and have its
views "duly taken into account". In line with these
requirements, the Council submits an annual report to the European
Parliament.
58.2 This report is presented to the EP in conformity
with point G, paragraph 43 of the Interinstitutional Agreement
of 17 May 2006 on budgetary discipline and sound financial management.
Its scope is limited to a description of CFSP activities. The
General Secretariat of the Council (GSC) also says that, where
appropriate and necessary in order to provide a comprehensive
overview of activities, reference is made to actions falling outside
the scope of Title V of the Treaty on European Union.
The 2009 Annual Report
58.3 The 80-page 2009 annual report covers the main
aspects and basic choices of the CFSP under the Czech and Swedish
Presidencies and looks ahead to the future challenges of 2010.
In its preface, the GSC sums up developments thus:
"International affairs in 2009 were dominated
by the international community's response to the economic and
financial crisis. Energy security continued to underpin many of
the geo-strategic challenges facing the European Union. Regional
conflicts in the Middle East, Yemen, Afghanistan/Pakistan, Somalia
and in the European neighbourhood were also high on the EU's foreign
policy agenda. The EU continued to build on the European perspective
as an anchor of stability through enhanced cooperation with neighbours
in the framework of the European Neighbourhood Policy. This was
given shape with the launch of the Eastern Partnership and further
work on the Union for the Mediterranean. The year ended with a
muted response to multilateral efforts on climate change.
"As regards Common Security and Defence Policy
(CSDP)[246] activities,
the EU continued to deploy three military operations and nine
civilian missions across the globe, in the interest of the wider
international community. EULEX Kosovo, the EU's largest rule of
law mission to date, established by JA 2008/124/CFSP,[247]
reached its full operational capability with some 1700 international
police officers, judges, prosecutors and customs officials and
approximately 1000 local staff deployed throughout Kosovo.
"With the entry into force of the Lisbon Treaty
on 1st December, the closing month of 2009 marked a new beginning
for the way the EU conducts its foreign relations. By combining
policy and delivery tools under the single authority of a High
Representative, Europe has enhanced its capacity to work towards
its foreign policy objectives."
58.4 The GSC says that throughout 2009 the EP was
regularly consulted and informed on CFSP activities by the Presidency
as well the High Representative, and at the working level by senior
officials of the GSC. The report continues as follows:
"Under the new institutional arrangement, the
EP will continue to play its full role in the external action
of the Union. In line with the provisions of Article 36, the High
Representative, who now replaces the Presidency as the lead actor
on CFSP/CSDP, will consult regularly with the EP on the main aspects
and the basic choices of the CFSP and the CSDP and inform it of
how those policies evolve. Furthermore the High Representative
will ensure that the views of the EP are duly taken into consideration.
Twice a year the EP will hold a debate on progress in implementing
the CFSP, including the CSDP.
"The EP will also continue to be regularly consulted
on the budgetary implications of CFSP activities including on
the financing of the common costs of civilian CSDP operations
and EU Special Representatives."
58.5 The report 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 reviews 2009 under seven headings:
- Addressing Threats and Global
Challenges;
- Regional Conflicts and Situations of Fragility;
- Building Stability in Europe and Beyond;
- Contribution to a More Effective Multilateral
Order;
- Promotion of Democracy, Human Rights and the
Rule of Law;
- Fostering Partnerships Across the World; and
- More Effective, Capable and Coherent.
58.6 As well as a section looking ahead to 2010,
there are also three annexes:
- Annex I lists the legal acts
in the CFSP area;
- Annex II lists the appearances by representatives
of the Council before the European Parliament; and
- Annex III covers the CFSP budget for 2009 (commitment
appropriations).
58.7 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).
58.8 In his Explanatory Memorandum of 15 June 2010,
the Minister for Europe (Mr David Lidington) describes and analyses
"the highlights" as follows:
IRAN
"The EU continued its efforts on the dual track
strategy of engagement and pressure, including support of the
EU High Representative's calls for engagement with the E3+3. Iran's
response to the call to engagement was inadequate, and further
discussion of sanctions resumed. The Government welcomed the EU's
support for the dual track strategy, and reiterates its shared
objective of building a long-term relationship with Iran based
on confidence and co-operation.
AFGHANISTAN
"Afghanistan is a key foreign policy objective
for the EU and its Member States. As noted in the report, at the
October European Council in 2009 Member States agreed to enhance
the EU's engagement in Afghanistan and Pakistan through the Plan
for Strengthening EU Action in Afghanistan and Pakistan. This
committed the EU to increase its engagement while focussing on
areas where it can add value, including sub-national governance,
rule of law and rural development, election reform and civilian
capacity building. The EU Action Plan also agreed to
increase the numbers of police trainers in the police training
mission (EUPOL) from 270 to 400.
"The implementation of the EU Action Plan will
be overseen by the newly appointed EU Special Representative
(EUSR), Vygaudas Usackas. The Government welcomes this strengthened
position, which has unified the Commission delegation with the
EUSR Office in country. The EU also has an important role to play
in ensuring credible and robust Afghan parliamentary elections
in September. The Government supports the EU Special Representative's
proposal for an EU Electoral Support Team.
EU ENLARGEMENT
"The Government agrees with the report's assessment
that Croatia made substantial progress in 2009 in its accession
negotiations. The signing of the Arbitration Agreement on the
border issue with Slovenia was a welcome development, reducing
the risk that differences over the border would impact on Croatian
accession negotiations. Whilst accession negotiations are nearing
the final phase, Croatia still has much to do, not least to demonstrate
full cooperation with the International Criminal Tribunal for
the former Yugoslavia.
"The report also restates EU demands for Turkey
to step up its efforts to meet EU standards and requirements,
including implementing the Ankara Agreement Protocol (i.e.
opening its ports and airports to Cypriot vessels), continuing
to support the Cyprus settlement talks, and committing to good
neighbourly relations. The Government is a strong supporter of
Turkey's accession process. Turkey is an important regional player,
promoting security in the Middle East and the Southern Caucasus,
and playing a key role in energy supply and the promotion of dialogue
between civilisations.
"The report sets out the progress made by the
countries of the Western Balkans towards further EU integration.
It reports the Council's full support for the European perspective
of the whole region, which remains essential for its future stability
and prosperity. The Government supports this position. We attach
great importance to promotion of stability in the Western Balkans
and considers EU enlargement to the Western Balkans countries,
on the basis of the accession criteria, to be a vital strategic
goal. We believe that the European Union must sharpen its focus
on the Western Balkans in order to ensure that all the countries
of the region are irreversibly on the path to EU membership.
"In December 2009 the Council expressed its
concerns regarding political developments in Bosnia and Herzegovina
and called on the country to urgently speed up key reforms. The
Government shares this concern at the political situation and
lack of progress in Bosnia and Herzegovina, which it considers
requires sustained international attention. In Kosovo, the work
of the EUSR (who is double-hatted as the head of the International
Civilian Office) continues to be essential in providing focus
and leadership for the EU's commitment to strengthening the
country's stability and socio-economic development.
COMMON SECURITY AND DEFENCE POLICY
"During the reporting period the EU's largest
rule of law mission to date — EULEX — reached full
operational capability with 1700 international staff. The mission
made significant progress in areas of its mandate, which has had
a positive impact on the development of Kosovo's police, customs
and judicial system. The report highlights the agreement of a
protocol with Serbia on cooperation over police issues, and on
investigating, prosecuting and trying war crimes. The Government
continues to support the work of the mission and sees it as an
important international presence in tackling organised crime and
corruption, and enabling Kosovo to meet EU standards in rule of
law.
"In 2009 EUPOL Afghanistan developed its support
to the Afghan Ministry of Interior and the National Police in
the fight against corruption. The Mission supported the Afghan
authorities in the development of an Anti-corruption Implementation
Programme, aimed at creating and maintaining an internal Afghan
anti-corruption system. The Government continues to support the
work of the mission in building the capacity of the Afghan police
— a key part of the counter insurgency strategy in Afghanistan.
EUPOL's provision of civilian policing advice and mentoring, and
continued efforts to tackle police corruption, are necessary to
develop a sustainable Afghan police force.
"In the Occupied Palestinian Territories the
mandates of the EU Border Assistance Mission (EUBAM) at Rafah
and the EU Police Mission in the Palestinian Territories (EUPOL
COPPS) were extended. EUPOL COPPS conducted a detailed survey
of the Palestinian criminal justice sector and produced an action
plan as a result. The Mission provides strategic advice and expertise
to the entire criminal justice chain based on this plan. The UK
continues to support the work of EUPOL COPPS in strengthening
law and order in the Palestinian Territories. The mission is a
vital presence in the creation of a viable Palestinian state.
Despite the continued closure of the border crossing, EUBAM Rafah
stands ready to deploy at short notice should the political and
security situation allow.
"In 2009 the EU Army Reform Mission to the Democratic
Republic of Congo (EUSEC CONGO) adopted a revised general concept,
which refocused the mission's work on supporting the administrative
and finance areas of the Congolese Armed Forces as well as giving
the mission a stronger focus on tackling sexual violence. During
the reporting period, steps were taking to improve civilian and
military synergies. In November 2009 for example, a Council Decision
created a pool of European experts in Security Sector Reform,
who will provide a pool of SSR knowledge on which the EU can draw.
RUSSIA
"The EU and Russia have continued to work towards
a New EU-Russia Agreement which will provide a comprehensive framework
for the EU-Russia relationship. Movement has been slow. The EU
has engaged with Russia on foreign and security policy issues,
including Iran and Afghanistan, while underlining to Russia the
need to meet the commitments they made following the Georgia conflict
in August 2008. The EU and Russia proposed an initiative to develop
a Partnership for Modernisation at their Summit in Stockholm in
November 2009.
GEORGIA
"The EU continued to play a significant role
in the international community's work to resolve the conflict
between Georgia and Russia. Russia's veto of the continuation
of the OSCE and UN missions in Georgia, as noted by the report,
has left the EU Monitoring Mission (EUMM) as the only international
monitoring presence on the ground. EUMM's patrols, investigations
into incidents, and mediation between the parties continue to
play a key role in reducing the risk of renewed conflict. The
EU Special Representative for Georgia has been instrumental in
maintaining momentum in the Geneva talks. The EU has continued
to make its support for Georgia's sovereignty and territorial
integrity clear.
SOMALIA
"The report identifies the role of EUNAVFOR
Operation Atalanta in leading international counter-piracy activity
operations. This operation, for which the UK provides the Commander
and Headquarters, contributed to a significant reduction in successful
pirate hijackings in the Gulf of Aden as well as protecting all
World Food Programme humanitarian deliveries to Somalia.
"The report also highlights the role of the
EU in supporting the efforts of the 4 Working Groups of The Contact
Group on Piracy off the coast of Somalia (CGPCS). The UK chairs
the working group on operational coordination and regional capability
development. In September 2009 the UK led a regional needs assessment
mission to East Africa and the Gulf of Aden, which has been endorsed
by the wider Contact Group as the basis for international engagement
to develop regional capability.
SUDAN
"In 2009 the EU continued to remain engaged
on Sudan through Council and the Special Representative for Sudan.
The EU focus on pursuing resolution of the conflict in Darfur
and full implementation of the Comprehensive Peace Agreement remains
in line with UK objectives. This included for preparations for
the nationwide 2010 elections and work to address the continuing
widespread insecurity in Darfur.
BURMA
"The EU strengthened restrictive measures against
Burma in August 2009 in response to the sentencing of Aung San
Suu Kyi to a further 18 months under house arrest. In March 2010,
the regime published election laws which excluded many of the
opposition groups from participation in the electoral process,
and it became clear that elections would not be inclusive, free
or fair. In light of these developments, EU Foreign Ministers
agreed in April 2010 to renew the restrictive measures for a further
12 months. The UK will only support the lifting of sanctions in
response to positive progress. The EU also continues to urge the
regime to begin the process of national reconciliation, establishing
a dialogue between all political and opposition groups and to
release all political prisoners to allow them to participate in
an inclusive electoral process.
"The EU is pursuing a policy of sanctions while
seeking to intensify dialogue with the regime. The UK supports
engagement with Burma provided that the full range of stakeholders
is involved in discussions concerning its political future. The
EU provides substantial humanitarian assistance to the people
of Burma, as do a number of individual Member States. The UK remains
one of the largest donors."
58.9 Then, turning to the financial aspects, the
Minister:
— recalls
that the current EU Financial Perspective allocates €1.74
billion from the EC budget to the CFSP Budget from 2007 to 2013,
as agreed at the European Council in December 2005, and notes
that, with the UK contributing 13.59% of the total EU Budget,
on a pro-rata basis, this equates to approximately €236 million
over the seven year period; and
— notes
that, for 2009 the outturn for the CFSP budget was €242.75
million in commitments and €315.97 million in payments.
58.10 Finally, the Minister says that the report
is due to be adopted at Foreign Affairs Council on 14 June 2010
and then transmitted to the European Parliament in line with the
inter-institutional agreement.
Conclusion
58.11 As with earlier such Reports, the previous
Committee, and thus the House, is familiar with much of the content
of this latest Report via the legislative actions and accompanying
Explanatory Memoranda submitted to it by the Foreign and Commonwealth
Office. Nonetheless, we consider that they continue to warrant
reporting to the House.
58.12 In so doing, we recall the previous Committee's
description of its discussion in 2009 with the then Foreign Secretary
and the then Ministers of Europe about the "upstream"
scrutiny of CFSP and CSDP — i.e., the points at which policy
decisions are taken that then result in the legislative actions
that are submitted for scrutiny — and the assurance given
to it in May 2008 by the previous Foreign Secretary, 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." That discussion is set out fully
in the previous Committee's Report on the 2008 CFSP Report.[248]
In sum, the previous Committee said that:
— what
it needed above all was not to be taken by surprise when it was
presented with a draft Council Decision, or a declaration or statement
of some sort that will then determine future Council Decisions;
— 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; and
— it
was here that, in line with the previous Foreign Secretary's and
Minister for Europe's own assurances, the possibilities lay for
more constructive and imaginative thinking, and where the Committee
looked to the FCO to be as forthcoming as possible when future
Council Decisions, declarations, statements and the like were
in gestation.
58.13 We share our predecessor's views and look
forward to continuing to discuss with the new Government how to
give expression most effectively to what we hope will be a shared
aspiration.
58.14 In the meantime, we draw these exchanges
to the attention of the House not only so that it, but also the
Minister for Europe, may be aware of them.
58.15 We now clear the document.
246 The European Security and Defence Policy (ESDP)
prior to the entry into force of the Lisbon Treaty. Back
247
OJ No. L 42, 16.2.08, p.92 Back
248
See headnote: (30691) 10665/09: HC 19-xxi (2008-09), chapter 7
(24 June 2009). Back
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