Documents considered by the Committee on 14 May 2014 - European Scrutiny Committee Contents


13 The EU and the Gulf of Guinea~

(35684)

18099/13

JOIN(13) 31

Joint Communication: Elements for the EU's Strategic Response to the Challenges in the Gulf of Guinea
Legal base
Department Foreign and Commonwealth Office
Basis of consideration Minister's letter of 26 March 2014
Previous Committee Reports HC 83-xxxv (2013-14), chapter 15 (5 March 2014) and HC 83-xxx (2013-14), chapter 7 (29 January 2014); also see (35595) — and (35696) 17859/13: HC 83-xxvi (2013-14), chapter 9 (8 January 2014)
Discussion in Council 17 March 2014 Foreign Affairs Council
Committee's assessment Politically important
Committee's decision Cleared; further information requested (decision reported 8 March 2014)

Background

13.1 This Joint Communication, Elements for the EU's Strategic Response to the Challenges in the Gulf of Guinea (a 6000 km coastline from Senegal to Angola, including the islands of Cape Verde and Sao Tome and Principe, covering two geographical, political and economic regions) sets out an EEAS/Commission proposal for a "Comprehensive Approach" to the primary challenges faced in the region, especially in the maritime domain. It is designed to serve as the basis for a Strategic Framework.

13.2 The Commission/EEAS posit three distinct types of threat:

—  those that take place uniquely at sea, including illegal fishing, illicit dumping of waste, and piracy and armed robbery at sea;[60]

—  those that come from sea onto land, primarily trafficking of narcotics, arms, counterfeit goods and, often in the other direction, of human beings; and

—  threats to sea-based economic activity from land, particularly to the offshore oil and gas industry, including hostage-taking, theft ("bunkering"), and criminal acts in ports.

13.3 It proposes general areas for action rather than specific programmes. It is based on three principles: partnership with the countries and organisations in the Gulf of Guinea region; a comprehensive approach integrating security, development and governance issues; and applying lessons learned from other strategies.

13.4 The Minister for Europe (Mr David Lidington) described both the EU Comprehensive Approach (which is now the keystone of CSDP, and the subject of a full-blown Commission Communication that the Committee considered earlier this year)[61] and tackling maritime criminality in the Gulf of Guinea as UK priorities. The analysis, conclusions and broad actions proposed in the Joint Communication were in line with UK objectives and he was content with them as a basis for the Strategic Framework.

13.5 The Minister also outlined some, "albeit relatively minor", concerns, which he aimed to resolve through discussions at the COAFR Working Group. We therefore asked the Minister to write to us once the document had been finalised, outlining the changes that had been made and his views thereon, and prior to its adoption as the new Strategy.

13.6 In the meantime, we retained the document under scrutiny.[62]

13.7 In his letter of 28 February 2014, the Minister said that the EU had been "been receptive to our concerns" and reflected them in the changes to the document.  In particular:

—  the language in the first draft was "too forward leaning on the prospect of a new mission before sufficient work had been done to establish the best way to support current programmes"; the paper was now clear that there were a number of options to be explored before a CSDP mission was considered;

—  the most recent draft now referenced the lessons learned from the EU's Horn of Africa Strategy, and the assertion regarding the potential for kidnapping attacks to develop into a piracy business model similar to that seen in Somali, for which there was no evidence, had been removed;

—  the strategy had now been altered to better emphasise that EU activity should be in support of African leadership and implementing the ground-breaking "Code of Conduct Concerning the Prevention and Repression of Piracy, Armed Robbery against Ships and Illegal Maritime Activities in West and Central Africa", which was adopted by Gulf of Guinea Heads of State in Yaoundé on 24-25 June 2013; and

—  the initial analysis separating maritime criminality into three distinct threats had been altered to reflect the inter-linkages between the crimes and promote the holistic approach.

13.8 Overall, the Minister said:

    "We continue to believe that this strategy is a positive step for the EU as it seeks to address maritime insecurity in the Gulf of Guinea through greater international co-ordination and support to an African-led solution. This approach is consistent with the UK's own Strategy to Address Maritime Security off Africa's Western Seaboard, and will bring greater coherence to both the EU and individual Member States' engagement in the Gulf of Guinea."

Our assessment

13.9 With no mention of a proposed new CSDP mission in the Minister's EM, or in the document itself, it seemed that, during the Working Party discussions, the EEAS had nonetheless sought to insert the idea — e.g., a naval CSDP mission on the lines of Operation ATALANTA, which has been battling piracy off the Horn of Africa for some years — in the Strategy paper itself. However, we were reassured, for the time being at least, in that it seemed that other (unspecified) options were to be considered before any such proposal is taken forward. We were therefore content to clear the Joint Communication.

13.10 However, we asked the Minister, after the Foreign Affairs Council, to provide the Committee with a copy of the final Strategy Framework paper and of the Council Conclusions, and any further views he might have as to how well they met UK objectives and concerns; and to indicate the nature of the mission proposed by the EEAS and what the other options referred to above were.

The Minister's letter of 26 March 2014

13.11 The Minister encloses a copy of the 17 March FAC Conclusions[63] and of the strategy, and comments thus:

    "I am pleased to report that the final documents reflect many of the UK's key objectives, including African leadership for a sustainable solution and the importance of international co-operation. The strategy does not propose specific missions; it suggests possible courses of action and seeks to guide the development of future missions. This overarching guidance will be of benefit in the EU's efforts to co-ordinate its work in the region. Any subsequent proposals would be decided upon in the usual way."

13.12 With regard to our query about the other options that may be explored prior to the consideration of a CSDP mission, the Minister says:

    "There is not a standard list of options that would precede such consideration due to the specific circumstances of each proposal. However, we would expect full deliberation to be given to other EU instruments such as the Instrument for Stability before agreement to a CSDP mission. The European Commission and EEAS recognise that CSDP missions are not the only option available."

Conclusion

13.13 The final Strategy is very much as outlined earlier by the Minister. It underlines the commitment from individual states and the regional organisations at the Yaoundé Summit to work together and with international partners to develop regional maritime security in its widest sense. The strategy is also be seen in the context of the future EU Maritime Security Strategy.[64] It should be based on three principles:

—  partnership with the Gulf of Guinea countries and close coordination with their regional organisations and other international organisations active in the region;

—  ensuring that security, development and governance issues are integrated into a comprehensive and integrated approach; and

—  applying the lessons learnt from EU strategies in other regions of Africa, especially the EU Sahel and Horn of Africa strategies.

13.14 It concludes thus:

"Our level of ambition, albeit broad and encompassing the full range of economic, social, governance, security and development challenges, is the right approach at this stage. It will be wise to concentrate where the EU can have the most effect. Post-Yaoundé there is an opportunity to lever support to the regional African-led coordinating platforms that are developing. Ultimately, this strategic framework will allow us to better judge and plan the EU's work with its partners in the Gulf of Guinea in a more coherent way. Increasing the EU's focus now on coordinating better will have significant effects on security, investor confidence, prosperity, livelihoods, the environment, and energy supplies." [65]

13.15 It remains to be seen if the EU is able to follow its own prescription, and whether in particular the "the regional African-led coordinating platforms" upon which the EU sets such store are able to respond appropriately.

13.16 In the meantime, we bring this further information to the attention of interested Members, and conclude our consideration of the Strategy thus far.


60   The Commission/EEAS note that International law differentiates between "piracy" - incidents which take place in international waters - and "armed robbery at sea" - incidents which take place in territorial waters. Back

61   See headnote: (35595) - and (35696) 17859/13: HC 83-xxvi (2013-14), chapter 9 (8 January 2014). Back

62   See headnote: HC 83-xxx (2013-14), chapter 7 (29 January 2014). Back

63   See p.11 of the Council Conclusions, which are available at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/141614.pdf. Back

64   Which we considered at our meeting of 30 April: see (35857) 7537/14: HC 83-xlii, chapter 8 (30 April 2014). Back

65   For the full text of the Strategy, see: http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/141582.pdf. Back


 
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