House of Commons - European Scrutiny Committee

European Scrutiny Committee Contents

66 EU Special Representatives

(31844)

—

(31856)

—

(31857)

—

(31858)

—

(31859)

—

(31860)

—

(31861)

—

(31862)

—

(31863)

—

(31864)

—

(31865)

—

(31866)

—

(31884)

—

Draft by the High Representative on the extension of the mandate of the EUSR for Afghanistan, the African Great Lakes Region, the African Union, Bosnia and Herzegovina, Central Asia, the former Yugoslav Republic of Macedonia, the crisis in Georgia, the Middle East Peace Process, the Republic of Moldova, the South Caucasus, Kosovo and Sudan

Council Decision extending the mandate of the European Union Special Representative for Afghanistan

Council Decision extending the mandate of the European Union Special Representative for the African Great Lakes Region

Council Decision amending and extending the mandate of the European Union Special Representative for the African Union

Council Decision extending the mandate of the European Union Special Representative for Bosnia and Herzegovina

Council Decision extending the mandate of the European Union Special Representative for Central Asia

Council Decision extending the mandate of the European Union Special Representative for the crisis in Georgia

Council Decision extending the mandate of the European Union Special Representative for the former Yugoslav Republic of Macedonia (FYROM)

Council Decision extending the mandate of the European Union Special Representative for the Middle East Peace Process

Council Decision extending the mandate of the

European Union Special Representative for Moldova

Council Decision extending the mandate of the European Union Special Representative for the South Caucasus

Council Decision extending the mandate of the European Union Special Representative for Sudan

Council Decision extending the mandate of the European Union Special Representative for Kosovo

Legal base Articles 28, 31 (2 ) and 33 TEU; QMV

Department Foreign and Commonwealth Office

Basis of consideration EM of 2 August 2010

Previous Committee Report None; but see (31290-1) —, (31295-99) — and (31300-04) — (2009-10): HC 5-xi (2009-10), chapter 8 (9 February 2010)

To be discussed in Council To be determined

Committee's assessment Politically important

Committee's decision Cleared; further information requested

Background

66.1 EU Special Representatives (EUSRs) are appointed to represent Common Foreign and Security Policy where the Council agrees that an additional EU presence on the ground is needed to deliver the political objectives of the Union. They were established under Article 18 of the 1997 Amsterdam Treaty and are appointed by the Council. The aim of the EUSRs is to represent the EU in troubled regions and countries and to play an active part in promoting the interests and the policies of the EU.

66.2 An EUSR is appointed by Council through the legal act of a Council Decision (formerly a Joint Action). The substance of his or her mandate depends on the political context of the deployment. Some provide, inter alia, a political backing to an ESDP operation; others focus on carrying out or contribute to developing an EU policy. Some EUSRs are resident in their country or region of activity; others work on a travelling basis from Brussels.

66.3 All EUSRs carry out their duties under the authority and operational direction of the High Representative of the Union for Foreign Affairs and Security Policy (HR; Baroness Catherine Ashton). Each is financed out of the CFSP budget implemented by the Commission. Member states contribute regularly e.g. through seconding some of the EUSR's staff members.

66.4 In June 2005 the Political and Security Committee decided that EUSR mandates should in principle be extended for 12 months rather than the previous arrangement of six months. This was put into effect in February 2006. The UK supported this proposal, as it enables extensions to be based on a more thorough reporting cycle. The renewed mandates now also ask EUSRs to prepare progress reports in mid-June and mandate implementation reports in mid-November.

66.5 The European Union currently has 11 EUSRs dealing with 12 areas (one EUSR carries out two functions): Afghanistan, the African Great Lakes Region, the African Union, Bosnia and Herzegovina, Central Asia, Georgia, the former Yugoslav Republic of Macedonia, Kosovo, the Middle East, Moldova, the South Caucasus and Sudan.

66.6 The previous Committee considered the most recent changes to their mandates on the basis of two Explanatory Memoranda of 3 February 2010 from the then Minister for Europe at the Foreign and Commonwealth Office (Chris Bryant). He explained that, the earlier decision of the PSC notwithstanding, on this occasion the Council Decisions were to be extended, not for the usual twelve months, but only until 31 August 2010, or until the establishment of the European External Action Service (EEAS), whichever was the earlier; and that the HR intended to revert to the matter in the light of further work on the EEAS.[289]

66.7 The Council Decisions concerning the latest proposed extensions, and some of the history, mandate and activities of each EUSR, is helpfully summarised by the Minister for Europe (Mr David Lidington) in his Explanatory Memorandum of 2 August 2010. His comments on each one are in italics beneath the summary.

Afghanistan

66.8 The Minister says that the UK fully supports the work of the EUSR, Mr Vygaudas Ušackas, and the extension of his mandate for six months or more. He describes him as a senior political figure, in a strengthened, double-hatted position; a welcome signal of the EU's intention to up its game in Afghanistan; and key to driving forward the EU Action Plan for Afghanistan, adopted at the October Council last year ("the roadmap for a better coordinated, more focussed EU civilian effort in Afghanistan") and for unified EU support to the Afghan Government for the implementation of commitments made at the Kabul Conference.

"Usackas was an early proponent of an EU Assistance Team for the Afghan parliamentary elections in September, demonstrating his ability to spot where the EU can add value to the wider international effort.

"His efforts have helped secure the deployment of an in-country Assistance Team over the elections period, which will make a significant contribution both to credible and inclusive elections and in support of the Afghan Government's commitment to longer-term electoral reform. He is also the last piece in the jigsaw to up the international civilian effort, following the appointment of heavyweight figures for the role of NATO Senior Civilian Representative and the UN Special Representative for the Secretary General. Key to the civilian effort in Afghanistan will be enhanced co-ordination between these three roles.

"The UK is keen to see Usackas' mandate extended for significantly longer than 6 months. Given the hardship conditions in Kabul, the EU mission there is having trouble recruiting and retaining good staff. Short 6 month contracts only exacerbate this problem."

Central Asia

66.9 This Decision extends the mandate of Ambassador Pierre Morel for 12 months until 31 August 2011. The EU established a Special Representative for Central Asia in September 2005 to ensure coordination and consistency of external EU actions in the region. Mr Morel was appointed in September 2006.

"The EUSR's mandate focuses on enhancing EU effectiveness and visibility in the region. It also aims to contribute to the strengthening of democracy, rule of law, good governance and respect for human rights and fundamental freedoms in Central Asia. There have been a series of amendments to the mandate since 2007, adding work covering energy security, bilateral energy co-operation, counter-narcotics and water management issues. The EUSR also has an enhanced role in monitoring the implementation of the EU Strategy for Central Asia, which was adopted at the June 2007 European Council.

"The UK supports the continuation of this mandate. As EUSR, Mr Morel has travelled extensively and contributed to EU discussions on policy towards the region, including on energy security, counter-narcotics and human rights, and he has been effective in raising the profile of the EU in Central Asia. Mr Morel has played a particularly valuable role during the recent unrest in Kyrgyzstan, working closely with his opposite numbers in the UN and OSCE to encourage a coordinated international response to the violence."

The Crisis in Georgia

66.10 This Decision extends the mandate of the EUSR, who is also Ambassador Pierre Morel, for 12 months until 31 August 2011. The EU established a Special Representative for the Crisis in Georgia in September 2008 to ensure coordination and consistency of external EU actions in the region.

"The EUSR's mandate is based on the objectives established by the conclusions of the extraordinary European Council meeting in Brussels on 1 September 2008 and the Council conclusions of 15 September on Georgia. The EUSR's role is to enhance the effectiveness and visibility of the EU in helping to resolve the conflict in Georgia. A key element of the role is representing the EU in the "Geneva Talks" process, the mechanism for seeking a resolution to the conflict.

"The UK supports the continuation of this mandate. While the Geneva Talks have become bogged down over status issues, they remain the only forum in which all the parties to the conflict meet and the UK strongly supports their continuation. The regularity of meetings, combined with local level Incident Prevention and Response Mechanism (IPRM) meetings, help manage tensions between Georgia, Russia and the separatist regions. The current EUSR, Pierre Morel, has played a valuable role in keeping the process going and has built personal relationships with key players, including the de facto authorities in the separatist regions."

South Caucasus

66.11 This Decision extends the mandate of Mr Peter Semneby for a six month period until 28 February 2011. The intention is that by the end of this period the functions carried out under the mandate shall have been absorbed into the EEAS.

"The EUSR for the South Caucasus was first appointed on 20 February 2006. The EUSR supports the work of High Representative/VP Baroness Ashton in the region. He is tasked with pursuing the following objectives; assisting Armenia, Azerbaijan and Georgia in carrying out political and economic reforms; preventing conflicts in the region and contributing to the peaceful settlement of conflicts, including through promoting the return of refugees and internally displaced persons; engaging constructively with main interested actors concerning the region; encouraging and supporting further cooperation between States of the region, including on economic, energy and transport issues; and enhancing the effectiveness and visibility of the EU in the region.

"The UK believes that the objectives of the current EUSR mandate remain relevant, in a region that is of strategic importance to the UK and the EU. However we also agree that much of the mandate can be taken on by the EU Delegations in Tbilisi, Baku and Yerevan under the EEAS, provided they are properly resourced and tasked to do so. The exception is functions relating to conflict resolution and prevention, which need to be undertaken by someone based outside the region. This could potentially be a senior member of the EEAS based in Brussels. In ongoing discussion about what this role will cover and who will carry it out the UK will seek to ensure whoever fills the position will have sufficient seniority and experience to establish the level of access and influence necessary to have an impact on key players."

Moldova

66.12 This Decision proposes a further extension of the mandate of Mr Kalman Mizsei until the responsibilities of this role have been transferred to the EEAS, no later than 28 February 2011. The Minister says that the initial extension in February 2010 of six months needs to be repeated as the transfer of the mandate to the EEAS has taken longer than anticipated; and that he understands that the current EUSR mandate will be split between DG level in Brussels and the EU Delegation Chisinau, once the EEAS comes into force.

"The mandate of the EUSRs is to strengthen the EU's contribution to the resolution of the Transnistria conflict in close coordination with the OSCE. The EUSR works closely with the other members of the 5+2 (the OSCE-led settlement negotiation process) to identify shared objectives and overcome obstacles. Although there has been little substantive progress this year, we have seen a more constructive dialogue between Moldovan and Transnistrian representatives at informal 5+2 meetings. And the joint statements from Germany and Russia, and Ukraine and Russia have raised the international profile of the Transnistrian conflict. The EUSR will advise the EU as it discusses these proposals. Elections in the second half of 2010 in both Moldova and Transnistria may prevent further progress, but the EUSR's remit is to keep the current focus on settlement discussions during this period.

"The EUSR also makes contributions towards EU policy in other areas, including improving EU-Moldova relations, the strengthening of democracy and the rule of law, and assisting in the fight against trafficking of weapons, other goods and people. He works closely with the EU Delegation in Chisinau, including on implementation of the EU-Moldova European Neighbourhood Policy Action Plan."

Macedonia

66.13 This Decision extends the appointment of Erwan Fouéré until the Council decides, on a proposal by the HR, that appropriate corresponding structures to those under the current decision have been established in the EEAS. The position is double-hatted with the post of Head of the EU Delegation in Skopje.

"The proposed extension provides a pragmatic way of ensuring political continuity of CFSP expertise and visibility in Macedonia in the transition to the European External Action Service. The mandate extension proposal is specifically expressed to retain the option and intention of terminating the mandate earlier, depending on developments.

"The presence of an EUSR has provided an essential contribution to the consolidation of peace, stability and the rule of law in Macedonia. The EUSR plays a key role in ensuring that the necessary efforts and reforms take place for the full implementation of the 2001 Ohrid Framework Agreement (OFA), which ended fighting between the ethnic Albanian National Liberation Army and Macedonian security forces. These reforms are key for improving rights of ethnic Albanians through respect for minority languages, an increased role in the national parliament and an agenda for decentralization. The EUSR also offers advice and facilitates political progress, working to foster a climate of trust and dialogue conducive to implementing reforms necessary to progress towards the EU.

"The Macedonian government has made good progress with some reforms, as the Commission concluded in its "Enlargement Strategy and Main Challenges 2009-2010". It assessed that Macedonia had substantially addressed the key priorities of its accession partnership, and recommended opening accession negotiations with the country. The Council committed to return to this matter in 2010.

"However, political challenges remain to ensure stability. An effective EU presence in Macedonia needs to encourage the reforms necessary for its EU integration, as well as promoting inter-ethnic stability. A delegation under the EEAS, with a strong political role, as well as Commission capacity to support the accession process, will provide the right mix to achieve this. We look forward to a proposal from the HR in this direction. The decision to extend the EUSR mandate maintains continuity until this arrangement is available."

Sudan

66.14 This Decision extends the mandate of the EUSR, Ambassador Torben Brylle, to 31 August 2011. However, the mandate may be terminated earlier, if the Council so decides, on a proposal of the HR following the entry into force of the decision establishing the EEAS.

"The mandate of the EUSR is based on the policy objectives of the EU in Sudan. It works with the Sudanese parties, the African Union (AU) and the United Nations (UN) and other national, regional and international stakeholders to achieve a peaceful transition under the Comprehensive Peace Agreement (CPA). This includes the organisation of a credible referenda on Abyei and on self-determination of South Sudan in January 2011. This includes actively contributing to the full and timely implementation of the CPA and post-referendum arrangements; supporting institution building and fostering stability, security and development in South Sudan irrespective of the outcome of the referendum of self-determination; improving security and safety of aid workers, and facilitating a political solution to the conflict in Darfur; promoting justice, reconciliation and respect for human rights, including full cooperation with the International Criminal Court; and improving humanitarian access throughout Sudan.

"We welcome the decision to renew the mandate of the EUSR. The next year will be a crucial period for Sudan with the referendum on Southern independence taking place in January 2011 and the end of the Comprehensive Peace Agreement period in July 2011. It is important that the EU continues to engage on the whole portfolio of issues affecting Sudan.

The current EUSR has played an important role in helping to promote a consistent international approach towards Sudan maintaining close contacts with the African Union (AU) and in particular the AU High-Level Implementation Panel for Sudan, the United Nations (UN), the Inter-Governmental Agency for Development (IGAD), the League of Arab States (LAS) and regional and other key stakeholders including the E6 (P5 + EU) Group of Envoys. The new EUSR will need to maintain this strong level of engagement with key players.

"We have close and regular communication with the current EUSR. His staff are like-minded in our analysis and approach. We look forward to continuing to work with the EUSR and will encourage an active contribution to the formulation of a future comprehensive EU strategy and engagement following the end of the CPA, as well as promoting constructive relations between Khartoum and Juba irrespective of the outcome of the referenda. We have valued the EUSR's support for the work of the Joint UN/AU Mediator and the AUHIP with regard to international efforts to facilitate a lasting peace agreement for Darfur. These efforts and reporting on the process will remain important."

Bosnia and Herzegovina

66.15 This Council Decision extends the appointment of Valentin Inzko until 31 August 2011. However, the mandate may be terminated earlier by a Council Decision following the establishment of the EEAS. The EU has appointed a EUSR to Bosnia and Herzegovina (BiH) since 2002. Valentin Inzko was appointed on 11 March 2009, and on 22 February 2010 his mandate was extended until 31 August 2010. The objective of the EUSR is to assist in the creation of a stable, viable, peaceful and multi-ethnic Bosnia and Herzegovina (BiH), co-operating peacefully with its neighbours and irreversibly on track towards EU membership. To this end, the EUSR offers advice and facilitation in the local political progress, co-ordinates the activities of EU actors in BiH and provides EU actors and EU Heads of Mission with regular reporting on the local political situation. The EUSR also undertakes significant outreach work, aimed at communicating to the BiH population the benefits of EU integration and why certain reforms are necessary to realise them.

"The UK fully supports maintaining the Office of the EUSR in BiH. The British Government is very concerned about the situation in BiH, where reform progress has been slow and there are high levels of ethnic nationalist rhetoric. Elections are scheduled to be held in BiH on 3 October. The EUSR will therefore have a key role over the next twelve months. He will work to focus pre-election debate on the reforms necessary for further EU integration and to encourage BiH's political leaders to work constructively together on achieving these reforms. The EUSR will then be at the centre of the EU's crucial early engagement with a new government in BiH after elections. The EUSR will continue his outreach and communication programme in BiH, in order to further communicate the benefits of EU accession and the nature of the accession process to the general public in BiH. The Government strongly supports this work.

"The EUSR position is double-hatted with the (International Community's) High Representative in BiH to ensure a unified and coherent international community approach. The Peace Implementation Council (PIC), which advises the High Representative, concluded in June 2010 that the 5 objectives and 2 conditions agreed as the criteria for closure of the Office of the High Representative (OHR) had not yet been completed. The PIC will continue to review progress against those objectives and conditions at its forthcoming meetings, including its next meeting in November. This EUSR mandate renewal does not prejudge a future PIC decision regarding closure of the Office of the High Representative."

Kosovo

66.16 This Council Decision extends the appointment of Pieter Feith until 28 February 2011 or until the Council decides, on a proposal by the HR, that appropriate corresponding structures to those under the current decision have been established in the EEAS.

66.17 On 14 December 2007 the European Council underlined the EU's readiness to play a leading role in strengthening stability in the Western Balkans, including by contributing to a European Security and Defence Policy mission and to an International Civilian Office as part of the international presences in Kosovo. Joint Action 2008/123/CFSP adopted on 4 February 2008 established an EU Special Representative for Kosovo. Kosovo declared independence on 17 February 2008.

66.18 The mandate of the EUSR is based on the objective of securing a stable, viable, peaceful and multi-ethnic Kosovo, which will contribute to regional stability. His tasks include being the channel for the EU's advice and support to the political process, promoting political coordination in Kosovo through the EU missions, ensuring a coherent public message, and contributing to the consolidation of human rights and fundamental freedoms in Kosovo.

66.19 The EUSR role is currently combined with that of the International Civilian Representative (ICR) who is appointed by an International Steering Group (ISG, of which the UK is a member) and is the ultimate supervisory authority over the implementation of the UN Special Envoy's Comprehensive Settlement Proposal (Kosovo committed itself to that proposal as part of its declaration of independence). The ICR does not have a direct role in the administration of Kosovo, but retains strong corrective powers to ensure the successful implementation of the Settlement. The ICR's mandate will continue until the ISG determines that Kosovo has implemented the terms of the settlement.

"The UK fully supports maintaining the office of the EUSR in Kosovo and we would welcome the continued appointment of Pieter Feith in this post.

"Pieter Feith has a long track record of crisis management in both NATO and the European Union and has been closely involved with Kosovo since he was a senior policy official in the NATO International Secretariat in the late 90s. He headed the successful EU-led Aceh Monitoring Mission in 2005 and 2006. In 2007 he was appointed Director of the EU's Civilian Planning and Conduct Capability and is the Civilian Operation Commander for the civilian ESDP missions. He has proved highly capable in his role throughout, supporting development of a stable, viable and prosperous Kosovo as it works towards its European perspective. In particular he has contributed to efforts to hold free and fair elections in line with international standards, has reached out to the non-majority community and supported dialogue in the field of religious and cultural heritage. He is very well placed to continue to provide strategic policy leadership to the international community effort in Kosovo and to work closely with the NATO and EU missions there. He is also the International Civilian Representative (ICR). This double-hatting has proved highly effective, adding authority and political influence to enable the EUSR to achieve the EU's objectives."

Middle East Peace Process

66.20 The mandate of Marc Otte is being extended by six months until the end of February 2011 or until the HR decides to incorporate the role into the new EEAS.

66.21 The mandate involves working with EU partners to ensure strong collective support for the negotiations, encouraging both sides to engage on the key final status issues and holding both sides accountable for any actions that undermine the peace process.

66.22 The Minister says that the UK will continue to:

— work with the EUSR and the High Representative on work looking at how the EU could contribute to post-conflict arrangements aimed at ensuring the sustainability of peace agreements;

— work with EU partners to deliver an urgent and fundamental change to the policy of closure of Gaza;

— press Israel to lift the restrictions and allow aid, people and commercial goods into and out of Gaza; and

— at the same time press for the immediate release of the captured Israeli soldier, Gilad Shalit, and the cessation of all violence.

"The EU, as a member of the Quartet for the Middle East, has an essential role to play in international policy on resolving the Arab-Israeli conflict. The EUSR and High Representative are key to driving this policy forward and we will continue to push for the EU to pursue an active stance in support of US efforts towards direct negotiations between the parties."

African Great Lakes

66.23 This Council Decision extends the appointment of Roeland Van de Geer until 31 August 2011. The mandate may, however, be terminated earlier by a Council Decision following the establishment of the EEAS. Roeland Van de Geer was appointed on 15 February 2007, and on 22 February 2010 his mandate was extended until 31 August 2010. The objective of the EUSR is to assist in the further stabilisation and consolidation of the post conflict situation in the African Great Lakes Region with a particular attention on the regional aspect of developments in the countries concerned. To this end the EUSR maintains an active presence on the ground and in relevant international fora to ensure the continued commitment of the EU in the region, works closely with the UN/MONUSCO on comprehensive Security Sector Reform in DRC, promoting good neighbourly relations in the region, and contributes to post conflict stabilisation in Burundi, Rwanda and Uganda.

"The UK fully supports maintaining the Office of the EUSR in the African Great Lakes Region. The British Government remains very concerned at the situation the Great Lakes Region which is in an important stage of post regional conflict stabilisation but where internal conflict in the DRC threatens regional stability and prosperity. The EUSR will have an important role over the next twelve months. He will work to establish and maintain close contact with the countries in the region, the UN, the AU, and regional organisations. He will advise and assist on Security Sector Reform in DRC and will also contribute where requested, to peace and cease fire negotiations and engage diplomatically if agreements are broken. Mr Van de Geer also chairs and is a key driver for the Minerals Taskforce which works to reform the natural resource sector in DRC.

"The UK has a good relationship with the EUSR and we believe that he makes a positive contribution to supporting efforts to bring peace and stability to the region and we value his analysis and expertise. Mr Van de Geer has long been involved, and is a trusted voice, in the region.

"While Mr Van de Geer is cautiously optimistic about progress in Burundi he remains very aware of the difficulties the country represents, he was very active in seeking to ensure the political engagement of all legitimate parties in the recent elections. With elections taking place in Rwanda on 9 August, and due to take place in DRC in 2011 we believe he will play an important role in coordinating efforts promoting better electoral processes in the region."

African Union

66.24 On 6 December 2007, the Council adopted Joint Action 2007/805/CFSP appointing Mr Koen Vervaeke as EUSR. This Council Decision extends the appointment until 31 August 2011. The mandate may be terminated earlier by a Council Decision following the establishment of the EEAS.

66.25 The objective of the EUSR is to support African efforts to build a peaceful, democratic and prosperous future as set out in the EU Africa Strategy. To this end the EUSR enhances the EU's political dialogue and broader relationship with the AU, strengthening the EU-AU partnership, respecting the principle of African ownership and working more closely with African representatives in multilateral fora in coordination with multilateral partners.

"The UK fully supports maintaining the Office of the EUSR in Addis where the African Union is based. The AU is a key partner in Europe-Africa cooperation on human rights and governance. A successful AU will bring the benefits of a reduced peacekeeping burden, fewer thorny governance and human rights issues and the increased prosperity that stability will bring to Africa. This all chimes with the government's objectives on reducing conflict, promoting sustainable global growth and supporting Africa's participation globally where the AU is becoming a global "voice for Africa". The organisation is already making good progress on sanctioning instances of unconstitutional power changes and peace keeping in Africa.

"The EU, the AU's biggest and most sustainable source of finance provides €350 million for peace and security and human rights alone. The UK can achieve a more able AU through ensuring that EU funds are deployed effectively and co-ordinated with wider donors to achieve common objectives. These are the objectives that we will press the EUSR to achieve."

Financial Implications

66.26 The Minister provides the following information:

Afghanistan