Documents considered by the Committee on 19 June 2013 - European Scrutiny Committee Contents


18 EU Special Representative for the Southern Mediterranean region

(35036)

Council Decision extending the mandate of the European Union Special Representative for the Southern Mediterranean region

Legal baseArticles 31(2) and 33 TEU; QMV
DepartmentForeign and Commonwealth Office
Basis of considerationEM of 13 June 2013
Previous Committee ReportNone; but see (33915) —: HC 86-iv (2012-13), chapter 20 (14 June 2012); and also (32981) —: HC 428-xxxiii (2010-12), chapter 12 (13 July 2011); (32588) 7592/11: HC 428-xxiii (2010-12), chapter 9 (5 April 2011) and (32815) 10794/11: HC 428-xxix (2010-12), chapter 2 (8 June 2011)
Discussion in CouncilJune 2013
Committee's assessmentPolitically important
Committee's decisionCleared

Background

18.1 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 are established under Article 33 of the Treaty on the European Union and are appointed by the Council. Their purpose 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.

18.2 An EUSR is appointed by Council through the legal act of a Council Decision. The substance of his or her mandate depends on the political context of the deployment.[77] 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.

18.3 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. In addition, Member states also contribute regularly through, for example, seconding some of the EUSR's staff members.[78]

The EUSR for the Southern Mediterranean region

18.4 The post was created in 2011 on the back of two joint Commission/HR Communications, first on the Southern Neighbourhood and, secondly, on European Neighbourhood Policy. The central notion in both is a more incentive-based approach based on greater differentiation — "more for more" in which those that go "further and faster" in their reforms would receive greater support, while those who do not follow agreed reform plans would have their support reallocated. How this would work in reality, plus doubts as to whether more funding was really needed (as opposed to more effective spending) was why the Committee recommended the second of these joint Commission/HR Communications for debate in European Committee B. [79]

18.5 At the same time, recognising the political pressure to move ahead, the Committee concluded that the appointment of this new EUSR made obvious sense and that the proposed incumbent appeared to be well-suited to the challenges that would come with the job. He was (and still is) Mr Bernardino Leon: a Spanish diplomat of more than 20 years experience who had devoted much of his career to the Arab world; had worked in Libya and Algeria and been personal adviser to the EU Special Representative for the Middle East Peace Process; and had also been Spain's Secretary of State for Foreign Affairs (PUS-equivalent), Secretary-General at the Spanish Prime Minister's Office and the Spanish G20 Sherpa. Mr Leon was known to his UK counterparts and, in the estimation of the Minister for Europe (Mr David Lidington), had the skills, experience and credibility to be an effective EUSR for the Southern Mediterranean region.[80]

18.6 A year ago, the Minister gave Mr Leon a good report. At that time, the budget for 2012-13 had yet to be agreed: the Minister said that, at this time of austerity and budget cuts, he was working to ensure that the EUSR gave maximum value for money, and accordingly arguing for a reduction in the proposed total of €1,070,000.[81]

The draft Council Decision

18.7 The draft Council Decision extends the mandate of Mr Bernardino Leon for a further twelve months from 30 June 2013.

18.8 The mandate covers Algeria, Egypt, Israel, Jordan, Lebanon, Morocco, the Occupied Palestinian Territories, Syria and Tunisia, and focuses on enhancing the EU's political dialogue with these countries and improving the EU's effectiveness, presence and visibility in the region in the wake of the "Arab Spring."

The Government's view

18.9 In his Explanatory Memorandum of 13 June 2013, the Minister for Europe (Mr David Lidington) endorses the extension of the mandate of EUSR Leon until June 2014.

18.10 He continues his comments as follows:

"His work is consistent with the UK's objectives of supporting political and economic reform in the Middle East and North Africa. We are pressing his team to demonstrate value for money in a time of austerity, and to cooperate effectively with other parts of the EU in a coherent regional strategy.

"The EUSR's objectives agreed in June 2012 were: to enhance the EU's political dialogue with Southern Mediterranean countries, especially those undergoing political transition; to support political reform and democratic transition; to enhance the EU's effectiveness and visibility in the region; and to establish close coordination with local, regional, and international partners.

"His mandate was: to dialogue with governments, international organisations, civil society and other relevant interlocutors; to maintain close contact with all parties involved in regional democratic transition, fostering stabilisation and reconciliation; to contribute to better coherence, consistency and cooperation between the Union and Member States' (MS) activities towards the region; to promote coordination with international partners in support of reform, especially by assisting the EU High Representative for Foreign Affairs in the work of Task Forces and follow-up meetings; and to contribute to the implementation of EU human rights policy in the region.

"The mandate of the EUSR for the Southern Mediterranean region is consistent with the UK's objectives in the region. The UK's Arab Partnership initiative is supporting political and economic reform in the Middle East and North Africa. HMG has committed £110 million to the Arab Partnership Fund over 2011-2015 to support political and economic reform across the region. Under our 2013 G8 Presidency, the UK is also working through the G8 Deauville Partnership[82] to support open economies and inclusive growth in the MENA region.

"The proposal for mandate renewal currently being considered essentially retains the same objectives and mandate of the EUSR as for the previous year.

"EUSR Leon's work falls under the European Neighbourhood Policy (ENP). The ENP is the overarching framework for EU relations with its neighbours, including those in the Southern Mediterranean. Following a 2011 review of the ENP, it is now more focused on incentivising political and economic reform. Support targets partners who make the most progress on reform, in line with the 'more for more' principle. Since 2011, the EU has given political support on behalf of 27 MS, over €4bn in financial support, and has offered negotiations on free trade agreements (which have begun with Morocco) and mobility partnerships. The revised ENP is, on the whole, a valuable mechanism through which the UK supports regional political and economic reform.

"Overall, the UK assesses that EUSR Leon has played a significant role in implementation of the revised ENP, and hence in supporting political and economic reform in the region. One complaint previously often heard in the region regarded the complex network of EU interlocutors. The EUSR role has provided a single point of contact, helping to develop relations with the new political leaderships in the region and increasing the visibility of the EU's work there.

"He has also worked in tandem with other actors, thereby increasing the EU's influence and effectiveness. He has been working in challenging circumstances, often with political actors with very little experience, and assessment of his achievements should be viewed in that context.

"With regards to the specific objectives of the EUSR's mandate, the first — enhancing the EU political dialogue with the countries of the Southern Mediterranean — was a priority objective for the UK. Leon has effectively raised the profile of the EU in a busy schedule of high-level meetings with regional interlocutors. The most high-profile of these meetings were the EU Task Forces he arranged in Tunisia, Jordan and Egypt, chaired by Baroness Ashton and the respective Head of State. The Task Forces offered a public forum for the partner country to set out its reform plan, after which the EU announced what bilateral support it would provide. The Task Forces also acted as a donor co-ordination platform to leverage offers of support from different parts of the EU (various Commission Directorates-General, the European Investment Bank, the European Bank for Reconstruction and Development, and MS). In the build-up and during these Task Forces Leon showed himself to be an effective operator, and they have significantly increased the visibility of the EU in the region.

"The next objective was supporting political reform and democratic transition. Leon principally sought to do this through high-level messaging, and has communicated privately and publicly the need for inclusive political processes, respect for human rights, and the importance of economic reform. By engaging with an impressively wide range of actors, including members of the government and opposition, and representatives of civil society, he has also emphasised the importance of inclusivity in the EU's approach. The Task Forces, by outlining the full range of EU support available, have helped to increase the EU's leverage with partners as we stress the importance of reform.

"His third objective was to enhance the EU's effectiveness and visibility in the region. We assess he has complemented the EU's support for reform through the ENP, and raised EU profile in the region. This has been achieved to some extent due to effective use of communications techniques. In particular, the Task Forces have had a significant public impact on the ground. By raising EU profile, and contributing to the re-set of EU-Southern Mediterranean relations which followed the 2011 review of the ENP, Leon has supported UK objectives in the region.

"Leon's final objective was building co-operation with local partners, regional and international organisations. Leon has been active in working with the major IFIs, specifically the European Investment Bank, European Bank of Reconstruction and Development and the International Monetary Fund. He has also engaged widely with civil society, as well as the Union for the Mediterranean. This has helped the EU to leverage greater support for partners and ensured coordination in our approach.

"Since Leon's appointment, progress of the democratic transitions in the Southern Mediterranean has not been linear, and there remain significant challenges to be overcome. We engage closely with EUSR Leon to discuss how he might increase his effectiveness to respond to these challenges, particularly in terms of consistent messaging around conditionality of EU support. We have argued, for instance, that with hindsight the timing of the EU-Egypt Task Force could have been changed to maximise the EU's leverage.

"There does also remain more work to be done in ensuring maximum coordination between the EUSR and MS. However, these are difficult issues, and EUSR Leon and his team do frequently discuss their approach with the Council and the UK bilaterally."

18.11 All in all, the Minister supports the extension of the mandate of EUSR Leon until June 2014, and says that he and his officials will continue to work closely with him to support ongoing political and economic reform in the MENA region — such reform being key to a more stable and prosperous future for the region.

18.12 Turning to the budgetary aspects, the Minister says:

    "A budget of €945,000 for twelve months has been proposed, an increase of €5,000 on last year's budget equivalent to a rise of 0.5%. This is due to a slight increase in missions' costs, due to a higher number of flights within Europe to meet interlocutors, as well as an increase in the contingency fund. At this time of austerity and budget cuts, we are working to ensure that the EUSR gives maximum value for money.

    "After extensive negotiations on the budget resulting in a decrease from what the EU initially proposed — due to maintaining the EUSR's financial officer as a part-time position rather than full-time as proposed — and only a very slight increase overall, HMG is now content with the budget. The budget will be found from within the existing CFSP allocation, and will not therefore entail additional costs for the UK."

18.13 The Minister provides details of the draft budget (which are at the annex to this chapter of our Report), and says that he has "reserved final approval of the budget until confirmation of the date of a discussion of horizontal issues around EU Special Representatives", but does not expect that it will now change.

Conclusion

18.14 We are grateful to the Minister for all the evidence that he has provided to demonstrate the validity of his continuing positive assessment of Mr Leon's work, and about the proposed budget for the next twelve months.

18.15 We commend him and his officials for having driven down the cost of the 2012-13 budget, and for continuing to hold the line with regard to the one for the year to come.

18.16 We now clear the Council Decision.

Annex: Detail of Proposed Budget:~

"Personnel expenditure = €604,276.70: a decrease of 0.7% on last year's budget line. The budget covers the salaries of the EUSR, and 1.5 members of administrative staff. It also covers the daily allowances of three Political Advisors seconded by EU institutions/ MS, and insurance for the EUSR and travelling members of the team. The salary level of the EUSR was not open to challenge in the negotiation of the individual mandate, but salary levels for EUSRs in general will form part of future horizontal negotiations.

"Missions = €220,770: an increase of 0.5% on last year's budget line. It covers transport, per diems and accommodation. 63 missions for the EUSR and his team are foreseen to the Southern Mediterranean Region, 63 to Europe for consultations with MFAs, and 6 missions to the USA for possible discussions in Washington and under the framework of the UN. An increase in the budget for flights reflects strong international appetite for discussion of Arab Spring issues, and the EUSR's need to engage with a wide variety of interlocutors.

"Running expenditure = €68,790: a decrease of 21% on last year's budget line. It covers costs for areas such as office support, equipment and supplies, IT services, office rent, interpretation, training, security services, financial and audit costs.

"Capital expenditure = €6,750: an increase of 242% on last year's budget line. It is for purchase of communication, security and office equipment. The increase is due to purchases of office furniture, IT equipment and security items. The UK questioned the EEAS on the need for this increase, and we were informed the items were necessary to the EUSR's work.

"Representation = €6,000: 29% less than last year's budget line. €500/month is covered in the budget for additional representation costs.

"Contingencies = €38,413: a 97% increase on the previous year. This contingency reserve can only be used with prior written approval by the EU Commission."


77   Article 33 TEU says that "The Council may, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy, appoint a special representative with a mandate in relation to particular policy issues. The special representative shall carry out his mandate under the authority of the High Representative." Article 31(2) TEU provides for his or her appointment to be adopted, not by unanimity as is normally the case with decisions relating to the EU's external action and common foreign and security policy, but by QMV. Back

78   For full information, see eeas.europa.eu/policies/eu-special-representatives/index_en.htm. Back

79   See headnote: (32815) 10794/11 : HC 428-xxix (2010-12), chapter 2 (8 June 2011). Back

80   See headnote: (32981) -: HC 428-xxxiii (2010-12), chapter 12 (13 July 2011). Back

81   See headnote: (33915) -: HC 86-iv (2012-13), chapter 20 (14 June 2012). Back

82   The Deauville Partnership provides support for the political and economic transitions of the people in Egypt, Tunisia, Morocco, Libya, Jordan and Yemen. The Partnership includes the G8 countries (Canada, France, Germany, Italy, Japan, Russia, United Kingdom, and the United States), the EU and regional partners (Kuwait, Turkey, Qatar, Saudi Arabia and the UAE). The Partnership also includes international financial institutions and organisations. The Islamic Development Bank is the rotating chairman of the IFI platform that includes: the African Development Bank, the Arab Fund for Economic and Social Development, the Arab Monetary Fund, the European Investment Bank, the European Bank for Reconstruction and Development, the International Finance Corporation, the International Monetary Fund, the African Development Bank, the OPEC Fund for International Development, and the World Bank. See https://www.gov.uk/government/publications/deauville-partnership. Back


 
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Prepared 27 June 2013