Documents considered by the Committee on 4 December 2013 - European Scrutiny Committee Contents


18 The EU Operations Centre and the Horn of Africa

(35514)

Draft Council Decision amending and extending Decision 2012/173/CFSP on the activation of the EU Operations Centre (EU Ops Centre) for the CSDP missions and operation in the Horn of Africa
Legal baseArticles 42(4) and 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Basis of consideration EM of 26 November 2013
Previous Committee Report None; but see (33759) —: HC 428 lvii (2010-12), chapter 11 (18 April 2012) and HC 428 lv (2010-12), chapter 8 (21 March 2012);

(33367) —: HC 428-xliii (2010-12) chapter 21 (7 December 2011);

(33288)—: HC 428-xl (2010-12), chapter 11 (2 November 2011);

(26197) 16062/04: HC 38-iv (2004-05), chapter 12 (19 January 2005);

(22015) —, (22016) —, (22020) —: HC 28-iv (2000-01), chapter 2 (24 January 2001);

Discussion in Council 16 December 2013 Foreign Affairs Council
Committee's assessment Politically important
Committee's decision Cleared

Background

18.1 The EU Military Staff (EUMS) was established in 2001 to provide military support and expertise through the EU Military Committee (EUMC) to the EU's Political and Security Committee (PSC: the ambassador-level group of officials who manage the Common Foreign and Security Policy, under the direction and authority of the Council and the Secretary General/High Representative). The detailed terms of reference of the EUMS, including role, tasks and organisation, were set out in Council Decision 2001/80/CFSP, which was cleared from scrutiny by the resolution following the debate on the Floor of the House on 19 March 2001.[50]

18.2 In 2005, the then Committee considered a Council Decision amending the terms of reference of the EUMS in the light of agreement to set up a civilian/military cell (the Civ/Mil Cell; a core of civilian and military planners within the EUMS) for joint strategic planning, a non-standing Operations Centre, and permanent liaison arrangements between the EUMS and NATO — details of which were set out in the December 2004 Presidency Report on the European Security and Defence Policy, which the then Committee cleared on 19 January 2005. In commenting on this, the then Minister for Europe (Mr Denis MacShane) said:

    "The UK worked closely with Partners and with the Secretariat and EUMS on the development of these new planning capacities, namely: liaison arrangements between the EUMS and SHAPE; a civilian/military cell within the EU Military Staff; and facilities for an ad hoc operations centre, which could be used in particular to run civilian/military missions. This ensured that the proposals reflected the agreements reached in December 2003 and would work effectively in practice. As the report highlights, the civilian/military cell will enhance the EU's capacity for the strategic planning of crisis management operations, particularly when a joint civilian/military response is needed. We see the civilian/military cell as a key new tool in improving ESDP's efficiency and developing expertise in civilian/military crisis management, looking particularly at conflict prevention and post-conflict reconstruction. As the European Security Strategy emphasises, this is an area where the EU is well placed to play a growing role. The cell's work will also help in the planning of civilian operations. The cell should be up and running as soon as possible in 2005.

    "The facilities for an operations centre, which should be available by the end of 2005, will be used for missions only when no national headquarters has been identified. It will not be a standing headquarters (Berlin Plus[51] will remain the option of choice for major ESDP operations and national HQs the main option for autonomous military operations), and can be activated only by a unanimous decision of the Council on the basis of military advice. An operations centre would be able to run military missions involving up to 2,000 troops; although its real value is likely to be in running smaller civilian/military missions. It could also be used for purely civilian missions.

    "In parallel to the development of EU facilities, the EU has put proposals to NATO for [further] developing liaison arrangements between the EU and NATO, to enhance cooperation, consultation and planning and to contribute to the EU/NATO strategic partnership in crisis management. This will involve an EU cell at SHAPE and NATO liaison arrangements at the EUMS. This should be set up as soon as possible in 2005." [52]

18.3 The Foreign Affairs Council on 1 December 2011 and 23 January 2012 endorsed activation of the EU Operations Centre (Ops Centre) to:

—  accelerate planning for a new regional maritime capacity building (RMCB) mission to support local efforts to counter piracy off the Horn of Africa;[53]

—  aid coordination with existing CSDP missions in the Horn (the naval counter-piracy Operation ATALANTA and EUTM Somalia, whose objective is strengthening the Somali Security Forces through the provision of specific military training); and

—  provide military support to a Civilian Operations Commander (CivOpCdr) who would lead RMCB.

Council Decision 2012/173/CFSP

18.4 This Council Decision sets out the terms of activation of the Ops Centre. They were described in detail by the Minister for Europe (Mr David Lidington) in his Explanatory Memorandum of 16 March 2012. As our Report noted, this activity sat squarely within the recently created EU Strategy for the Horn of Africa.[54]

18.5 The Minister explained that his goal would be to ensure that the Ops Centre was supportive of a more comprehensive approach to CSDP crisis management, which he believed its coordinating role and focus on the CSDP Horn of Africa missions (rather than more generally on CSDP missions) would accomplish. Moreover, the Ops Centre mandate would be limited to 24 months; this would allow it sufficient time to establish itself and respond to regular performance reviews, which would ensure that Member States scrutinised performance and the tasks set were accomplished. If, after two years, the Ops Centre had not added the value envisaged, it could be terminated while allowing the RMCB mandate to continue. A new Council Decision would be required to extend its use.

Our assessment

18.6 No questions arose concerning the activation of the Operations Centre. We accordingly cleared the Council Decision, which we reported to the House because of the degree of interest in the situation in the Horn of Africa.

18.7 However, we noted that the Minister had also said:

    "A Council Decision isn't strictly necessary to activate the Ops Centre. But given the novelty of its activation we pushed for a Decision to better define its role."

18.8 We reminded him of his predecessor's statement in 2004, that the Operations Centre "can be activated only by a unanimous decision of the Council on the basis of military advice". Though commendable, his having "pushed for a Decision to better define its role" was, we felt, not the point: CSDP missions must remain under firm Member State political control, which was the purpose of a Council Decision — and, presumably, of the Council Decision that the Minister said would be necessary for any extension of the Ops Centre's mandate. We therefore asked the Minister to explain why, even on this first occasion of its activation, he considered that a Council Decision was not "strictly necessary" (particularly as he did for any extension); and if not, how he believed that such operations would in future remain under the necessary political control from the outset.[55]

The Minister's letter of 12 April 2012

18.9 The Minister responded as follows (his emphasis):

    "As you rightly point out, activation of the Operations Centre to conduct an EU Common Security and Defence Policy mission or operation requires the unanimous decision of the Council. However, in December, the EU External Action Service considered the legal implications of activating the Operations Centre to undertake a supporting and coordinating role - not a conduct role. It concluded that, in these circumstances, a Council Decision under Art 42(4) of the Treaty of European Union was not necessary.

    "I was very clear, however, that a Council Decision on the activation of the Operations Centre was essential due to the need for transparency, the novelty of its activation, and to ensure strict parameters surrounded its use. This also sets a helpful precedent of the necessity of a Council Decision for the Operations Centre however it might be used."

Our further assessment

18.10 Article 42(4) TEU[56] says:

    "Decisions relating to the common security and defence policy, including those initiating a mission as referred to in this Article, shall be adopted by the Council acting unanimously on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy or an initiative from a Member State. The High Representative may propose the use of both national resources and Union instruments, together with the Commission where appropriate."

18.11 As such, what the EEAS seemed to regard as the central consideration, i.e. whether the Operations Centre is in charge of an operation or carrying out a supporting or coordinating role, seemed to us immaterial. We were accordingly in full agreement with the Minister's approach: it was consistent with both his then predecessor's position in 2004 and with the necessity for any use to be subject to proper parliamentary scrutiny via, as the Minister rightly put it, "a Council Decision for the Operations Centre however it might be used".[57]

The draft Council Decision

18.12 The draft Council Decision seeks to extend the current mandate of the EU Operations Centre by one year from March 2014 to March 2015.

The Government's view

18.13 In his Explanatory Memorandum of 26 November 2013, the Minister says:

    "The proposed extension maintains the same operating parameters; there is no increase in personnel and the EU Operation Centre's current remit is unchanged. The EU Operations Centre continues to have no conduct role."

18.14 The Minister then continues as follows:

    "Since the activation of the EU Operations Centre in March 2012, EUCAP Nestor has been launched and EUTM Somalia and Operation Atalanta have continued. There remains a requirement for the EU Operations Centre to continue its support to these missions, particularly given: EUTM Somalia's transition of activity from Uganda to Somalia; the fact that EUCAP Nestor had a slower than expected start and continues to build capacity to reach its full potential; and that Operation Atalanta's mandate may be amended following its recent strategic review which recommends an extension to December 2016. This is being considered by Working Groups in Brussels and will be subject to parliamentary scrutiny in due course."

18.15 The Minister then says that his goals for the Operations Centre remain consistent:

    "That it supports a more comprehensive approach to crisis management. We believe that its coordinating role has supported this objective;

    "That its activity remains time-limited and mission specific. The new Council Decision retains focus on the same existing missions. Any extension beyond March 2015 would require a further Council Decision (and be subject to scrutiny);

    "Appropriately sized and fit for purpose. We have used the review process to ensure that the headcount does not exceed the current 16 slots."

18.16 The Minister then notes that: at the end of the current mandate in March, the Head of the Operations Centre (Dutch Naval Captain Ad Van Der Linde) will be replaced; his successor will be appointed by (and report to) Political and Security Committee following advice from the EU Military Committee; the UK does not intend to put a candidate forward for this role, but will look to retain a UK officer focused on Maritime Operational Planning, and thereby maintain a UK presence in the EU Operations Centre "ensuring that it remains focused on the above-mentioned goals."

18.17 Finally, the Minister further notes that the Operations Centre will not require additional resource from Member States: "The EU Military Staff provides accommodation and administrative support (such as IT systems). All members of Operations Centre staff are provided on a voluntary basis by Member States".

Conclusion

18.18 Though no questions arise, we are drawing this extension to the attention of the House for the same reasons as before: the degree of interest in the situation in the Horn of Africa and the wider issues for proper Member State scrutiny of CSDP activity.

18.19 We now clear the Council Decision.


50   HC Deb, 19 March 2001, Col. 138-161. Also see (22015) -, (22016) - and (22020) -: HC 28-iv (2000-01), chapter 2 (24 January 2001). Back

51   A comprehensive package of arrangements finalised in early 2003 between the EU and the NATO that allows the EU to make use of NATO assets and capabilities for EU-led crisis management operations. See http://eeas.europa.eu/csdp/about-csdp/berlin/ for full details. Back

52   See headnote: (26197) 16062/04: HC 38-iv (2004-05), chapter 12 (19 January 2005). Back

53   Now known as EUCAP Nestor. Back

54   In December 2009, under the Swedish EU Presidency, the EU adopted "An EU policy on the Horn of Africa - towards a comprehensive strategy". The Horn of Africa is defined as the countries belonging to the Inter-Governmental Authority on Development (IGAD) - Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan, South Sudan and Uganda. As the Executive Summary notes at the outset, the political evolution of the Horn of Africa over the past 50 years has been unusually turbulent. Looking ahead, the EU's engagement in the Horn of Africa will be supportive of a regional and country-level environment conducive to peace, security and justice, of good governance based on the democratic principles of inclusion, the rule of law and respect for human rights, and of socio-economic development based on the attainment of the Millennium Development Goals with due consideration to equity, climate change and sustainable livelihoods.  Back

55   See headnote: HC 428-lv (2010-12), chapter 8 (21 March 2012). Back

56   The full text of which is available at: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2008:115:0013:0045:EN:PDF. Back

57   See headnote: (33759) -: HC 428-lvii (2010-12), chapter 11 (18 April 2012). Back


 
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Prepared 11 December 2013