17 EU assistance to the Palestinian Authority
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(35035)
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| Council Decision on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
Council Decision amending and extending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EUBAM Rafah)
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| Legal base | Article 28 and 43(2) TEU; unanimity
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| Department | Foreign and Commonwealth Office
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| Basis of consideration | EM of 13 June 2013
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| Previous Committee Report | None; but see (34006) — and (34007) — : HC 86-v (2012-13), chapter 15 (20 June 2012); also (33517) — and (33518) —: HC 428-xliv (2010-12), chapter 16 (14 December 2011); (32749) —: HC 428-xxvi (2010-12), chapter 12 (11 May 2011) and (32230) —: HC 428-x (2010-11), chapter 20 (8 December 2010)
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| Discussion in Council | June 2013
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| Committee's assessment | Politically important
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| Committee's decision | Cleared; further information requested
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Background
EUBAM Rafah
17.1 Following the 15 November 2005 Agreement on Movement and
Access for Gaza between Israel and the Palestinian Authority,
the EU adopted Joint Action 2005/889/CFSP to establish a European
Security and Defence Policy Border Assistance Mission at the Rafah
crossing point between Gaza and Egypt. Whilst active, EUBAM Rafah
facilitated the crossing of over 500,000 people and contributed
to confidence building activity between the parties related to
border control and customs. However, following the Hamas takeover
of the Gaza strip the mission has not been opened since June 2007,
and has been on standby ever since.
17.2 In June 2010, the mission was downsized to 13
international staff; but its scope remained to provide a Third
Party presence at the Rafah Crossing Point in order to contribute,
in cooperation with the Union's institution-building efforts,
to the opening of the Rafah Crossing Point and to build up confidence
between the Government of Israel and the Palestinian Authority.
17.3 To this end the mission was tasked to:
— actively
monitor, verify and evaluate the Palestinian Authority's performance
with regard to the implementation of the Framework, Security and
Customs Protocols concluded between the parties on the operation
of the Rafah terminal;
— contribute, through monitoring, to building
up the Palestinian capacity in all aspects of border management
at Rafah;
— contribute to the liaison between the
Palestinians, Israeli and Egyptian authorities in all aspects
regarding the management of the Rafah Crossing Point.
17.4 The Council Decision in question established
costs for the mission at €1.95 million, of which the UK was
to contribute approximately £236,000.
17.5 At that time, the Minister for Europe (Mr David
Lidington) said that:
— the
Government continued to support EUBAM Rafah as a demonstration
of EU political commitment to the Middle East Peace Process and
reactivating EUBAM Rafah as soon as political and security conditions
allowed this;
— the UK had consistently argued for the
mission to be downsized in line with its current standby role,
to a level that retained operational readiness and flexibility;
— the mandate of EUBAM Rafah had not changed,
but the number of international staff had been decreased from
18 to 13, which was the minimum number required to maintain a
mission ready to reactivate quickly if the border were to reopen;
— the border could only be opened with
agreement between Israel, the Palestinian Authority and the United
States, and the mission therefore continued to be on standby;
— EUBAM Rafah might be crucial to implementing
the lifting of restrictions on Gaza when the situation allowed
it; and
— the EU would need to stand ready to respond.
EUPOL COPPS
17.6 An EU Co-ordinating Office for Palestinian Police
Support (EUPOL COPPS) was established in January 2005 within the
office of the EU Special Representative (EUSR) to the Middle East
Peace Process.[72] It
then consisted of four police advisers seconded and funded by
Sweden, Denmark, the United Kingdom and Spain, and a local office
manager based in the PNA Ministry of Interior in Ramallah, a liaison
office in Jerusalem and a forward office in the Palestinian Police
HQ in Gaza. Non-personnel related start-up and running costs for
EU COPPS were funded by the UK Department for International Development
until 31 December 2005.
17.7 On 2 November 2005, the then Committee cleared
Joint Action 2005/797/CFSP, which, reflecting preparatory work
by the Council Secretariat, including an earlier fact-finding
mission under the guidance of the Political and Security Committee
(PSC),[73] authorised
an ESDP mission that built on the then EU-COPPS police support
mission by increasing staff to 33. The mission, which continued
to be known as EU-COPPS, was launched on 1 January 2006, with
a three-year mandate.
17.8 Against the background of the Israeli withdrawal
from Gaza and some parts of the West Bank, the aim was to find
a way to build on the work of the EU-COPPS and help the Palestine
Authority to fulfil its "security" and "institution-building"
obligations under the so-called Road Map.
17.9 Although the three year mandate was longer than
normal, it was considered necessary if the EU was to support the
Palestinian National Authority's comprehensive Police Development
Programme, which included both institutional change and capacity-building,
together with "Rule of Law elements", with the purpose
of creating an effective Palestine police force.
17.10 The previous Committee's and our consideration
of subsequent annual mandate renewals and budgets are set out
in our Reports under reference.[74]
17.11 In November 2011, the Committee cleared Council
Decisions that were intended to pave the way to a merger by June
2012. However, as the Minister noted at the time, this was only
the first phase, and a degree of uncertainty surrounded both the
timing and the shape of the second phase. We commended him for
the part he had played thus far in driving forward the process
of securing greater strategic cohesion to the EU's work in support
of the Palestinian Authorities' development at lower cost. Beyond
that, we looked forward to hearing more about developments in
due course, as promised by the Minister. When he did so, we asked
that he also said something about the extent to which the review
process considered not just the future, but also provided an assessment
of what had been achieved in relation to the considerable expenditure
thus far, in line with the long-promised new architecture for
evaluation, lessons learned and best practices of civilian European
Security and Defence Policy (ESDP) operations.[75]
17.12 However, in May 2012, the Minister wrote to
say that an alternative agreement had been reached by Member States
after Israel had rejected this proposal. That agreement included
EUBAM Rafah's operational element relocating to Tel Aviv to reduce
costs and the overall numbers being reduced from 19 to five.
The Minister said that efforts to merge the two Heads of Mission
would continue.
17.13 Thus, the Council Decisions that we cleared
in June 2012 provided for: a EUBAM Rafah budget of €980,000
for the next 12 months (the previous budget was €970,000
across six months: a pro rata reduction of 49% on the previous
budget); and an unchanged mandate for EUPOL COPPS and budget
for the next 12 months of €9.33 million (a 2% reduction).
Our assessment
17.14 We left it to others to judge the rightness
or otherwise of allowing the Israeli authorities to countermand
the merger of these two missions. Beyond that, we commended the
Minister for his continuing efforts to drive down the costs of
these missions.
17.15 The difficulties faced by EUBAM Rafah spoke
for themselves. With regard to EUPOL COPPS, the Minister talked
of its impressive results, of its being "a crucial vector
of EU support to Palestinian state building" and of its contribution
to growing Palestinian public confidence in the Palestinian Civilian
Police and justice institutions. This sounds very encouraging.
However, as and when a further Explanatory Memorandum was put
forward, we again asked the Minister to provide at least some
indications of what these impressive results consist of, over
what will by then be nearly eight years, and of how its contribution
to growing Palestinian public confidence has been measured —
in short, the illustrated assessment of its achievements that
the Committee had long been seeking.
17.16 Before then, we asked the Minister to provide
information about the outcome of the upcoming further strategic
review, including the situation on the ground, the total cost
of each mission by then, and what he envisaged as the best way
forward.[76]
The further Council Decisions
17.17 The draft Council Decisions extend the mandates
of both missions for 12 months to 30 June 2014.
17.18 The EUPOL COPPS proposed budget is €957,000
for twelve months.
17.19 The EUBAM Rafah proposed budget is €940,000
for twelve months.
The Government's view
17.20 The Minister for Europe's (Mr David Lidington)
detailed analysis of both budgets, as set out in his Explanatory
Memorandum of 13 June 2013, is reproduced at the annex to this
chapter of our Report.
17.21 The Minister says that in June 2013, a 12 month
extension of the mandates for both missions was agreed, and continues
as follows:
"This agreement takes account of the broader
political situation, where the United States, and particularly
Secretary of State Kerry, are investing heavy political capital
in making progress on Middle East Peace Process. The Foreign Secretary
has made clear that there is no more urgent global priority in
2013 than the search for Middle East peace. The UK and EU are
committed to doing all they can to support and advance US efforts.
EU CSDP engagement in Israel and the OPTs has the potential to
play a substantive role in support. Alongside the main political
track, Secretary Kerry is also focusing on supportive economic
and security measures. He recently unveiled a plan to double the
Palestinian economy through $4billion of private investment. He
has asked Tony Blair in his role as Quartet Representative to
lead these efforts, which will run in parallel with a renewed
political process."
17.22 With regard to EUPOL COPPS, the Minister says:
"EUPOL COPPS trains Palestinian police and
penitentiary officials in the West Bank, and continues to achieve
impressive results. The mission plays a critical role in the wider
Palestinian Authority security sector and is a crucial component
of EU support to Palestinian state building. It contributes to
the MEPP by doing highly effective work to strengthen law and
order in the OPTs under a strong leadership team, and to growing
Palestinian public confidence in the Palestinian Civilian Police
and justice institutions. The mission also contributes to broader
EU aims; to give the Palestinian police the capability to police
all areas in the West Bank and aiming, in line with May 2012 Foreign
Affairs Council conclusions, to encourage more cooperation between
Palestinian and Israeli security forces and access into areas
B and C. Secretary Kerry's extensive personal engagement on the
MEPP, and focus on economic and security issues, make the mission's
aims even more relevant now. We therefore support renewing the
mandate for 12 months to maintain the work in supporting the Palestinian
Authority's development of their policing and rule of law capabilities."
17.23 With regard to EUBAM Rafah, the Minister recalls
that it has been largely suspended since 2007, and then says:
"However, following the recent Gaza crisis
and the subsequent ceasefire agreement signed on 21 November,
the strategic context around the mission has changed. The ceasefire
agreement committed the parties to deal with the issues of crossings
and facilitating the movement of people and transfer of goods
to and from Gaza."
17.24 With regard to the 12 month mandate extensions,
the Minister says:
"There are benefits to an extension of the
mission mandate for a number of reasons. Firstly, an extension
would allow time for further Egyptian-brokered talks under the
second phase of the Gaza ceasefire and to follow the progress
of Palestinian reconciliation. Fatah and Hamas have recently agreed
a timetable of 3 months in which to form a unity government and
this, along with wider diplomatic efforts, may add impetus to
the talks. Secondly, Secretary Kerry's plan to revitalise the
Palestinian economy could provide a basis for EUBAM Rafah to be
reactivated, if it leads to changes to movement and access restriction.
"Finally, given the broader political situation,
closing the mission at this time would not be in our wider MEPP
interests, as it would risk demonstrating a lessening of EU commitment
to the Peace Process at a time when the US are seriously investing
in progress. We therefore support renewing the mandate for 12
months to maintain EU support for both the ongoing Gaza ceasefire
talks and wider US efforts to resolve the conflict. We would support
any reactivation of the mission during its forthcoming mandate
should circumstances allow, but note reactivation cannot be guaranteed.
We therefore strongly support plans for a strategic review of
the mission by Spring 2014 to explore all further options for
EUBAM Rafah."
Conclusion
17.25 We again commend the Minister for his and
his officials' continuing efforts towards and success in maintaining
budgetary discipline, and are content to clear the Council Decisions.
17.26 We are less happy, however, about the Minister's
failure to provide any information either that substantiates the
various claims for EUPOL COPPS' achievements or about the strategic
review that he foresaw a year ago. On the latter, we now see
that a further review is promised for next Spring. Yet the Minister
makes no mention of the earlier review; nor does he suggest what
the options for EUBAM Rafah might be. What transpired with regard
to last year's promised review? Is a merger still a possibility?
Or has this been ruled out because of Israeli objections?
17.27 We would like the Minister to respond to
our earlier request about measuring and assessing EUPOL COPPS'
achievements, and past and prospective strategic reviews, within
two working weeks, i.e., in time for our meeting on 3 July.
Annex: The Minister's detailed
analysis of each mission's budget~
"The EUBAM Rafah proposed budget is €940,000
over the next 12 months, a €40,000 reduction on the previous
year. A comparison of the new budget to the previous budget is
set out below:
- "Personnel costs: €654,394.19
(reduced from €698,637.53 in the previous year)
- "This reduction is due
to a decrease in daily allowances for staff in the mission in
accordance with new guidelines approved by the Council. The changes
to the daily allowances across all CSDP missions are cost neutral,
and so do not have any effect on the UK's overall contribution
to the CFSP budget.
- "Mission costs: €17,574
(negligible difference from last year's budget of €17,082)
- "The Mission has reduced
the allowances and accommodation costs by reducing the number
of visits to Europe and the rest of the world, but the balance
is made up by an increase in activity within Israel and Palestine,
for which accommodation costs are required. This is in line with
what we expect from this Mission as it continues to aid the MEPP.
- "Running Expenditure:
€239,719 (increased from €233,356.44 last year)
- "There is a small increase
in the press and public information budget line. This reflects
actual spends of the previous year.
- "The cost of audits has increased with real
rates from €15,000 to €20,000.
- "Capital Expenditure:
€1,500 (increased from €1,000 last year)
- "Costs are for purchase
of a laptop battery and new phone only.
- "Representation costs:
€2,400 (decreased from €2,540 last year)
- "Contingency funds: €24,412.81 (decreased
from €27,384.03 last year)
"The EUPOL COPPS proposed budget has
increased slightly from €9.33m to €9.57m. A comparison
of the new budget to the previous budget is set out below:
- "Personnel costs: €5,991,504
(reduced from €6,088,035 last year)
- "This reduction is due
to a decrease in daily allowances for staff in the mission in
accordance with new guidelines approved by the Council. The changes
to the daily allowances across all CSDP missions are cost neutral,
and so do not have any effect on the UK's overall contribution
to the CFSP budget.
- "Mission costs:
€206,344 (increased from €143,349 last year)
- "More than was foreseen
was spent on travel last year. This increase reflects that greater
level of activity. Funds have also increased for travel and accommodation
in the West Bank in line with the mission's aims to broaden their
coverage in the region.
- "Running Expenditure:
€2,248,346 (reduced from €2,260,475 last year)
- "We have pressed the EEAS
on this aspect of the budget and are satisfied that the reduced
budget running expenditure is a realistic prediction for the mission's
needs this year.
- "Capital Expenditure:
€914,204 (increased from €711,735 last year)
- "The mission has budgeted
for the following:
- o "Hardware
for the public information office
- o "IT:
A backup server (6 of 10 are old and it is expected one will break)
- o "Satellite
equipment — UHF radios and IP phones
- o "Office
furniture as the current standard is very low
- o "Security
equipment such as software, lockable safes and cupboards
- "Representation costs:
€12,000 (decreased from €13,000 last year)
- "Contingency funds: €197,602 (increased
from €113,406 last year)
- "This includes funding
visiting experts for advising on public order as planned, although
with no formalised agreement in writing yet, this cannot be incorporated
in the budget in any other way.
"In line with the UK approach on all other CSDP
missions, we have worked hard to scrutinise these budgets to ensure
they are fit for purpose. By questioning the assumptions behind
each budget line we are happy that these budgets as accurately
as possible predict the actual spend for the year."
72 EU Special Representatives (EUSR) 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, to represent
the EU in troubled regions and countries and play an active part
in promoting the interests and the policies of the EU. Back
73
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 CFSP and, under the general responsibility
of the Council, exercise political control and strategic direction
of crisis management operations. Back
74
See headnote. Back
75
See (33517) - and (33518) -: HC 428-xliv (2010-12), chapter 16
(14 December 2011). Back
76
(34006) - and (34007) -: HC 86-v (2012-13), chapter 15 (20 June
2012). Back
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