10 EU Special Representative for the
Middle East Peace Process
| (35701)
—
—
| Council Decision extending the mandate of the European Union Special Representative for the Middle East Peace Process
|
| Legal base | Articles 28, 31(2) and 33 TEU; QMV
|
| Department | Foreign and Commonwealth Office
|
| Basis of consideration | EM of 6 January 2014
|
| Previous Committee Report | None; but see (35061) —: HC 83-vii (2013-14), chapter 15 (26 June 2013); also see (32601) — and (32982) —: HC 428-xlvii (2010-12), chapter 23 (18 January 2012), HC 428-xxxv (2010-12), chapter 4 (7 September 2011), HC 428-xxxiii (2010-12), chapter 5 (13 July 2011) and HC 428-xxvi (2010-12), chapter 4 (11 May 2011)
|
| Discussion in Council | January 2014
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared; further information requested
|
Background
10.1 EU Special Representatives (EUSRs) are appointed
to represent Common Foreign and Security Policy (CFSP) 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. 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.
10.2 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 a European Security and Defence Policy (ESDP) operation;
others focus on carrying out or contributing to developing an
EU policy. Some EUSRs are resident in their country or region
of activity; others work on a travelling basis from Brussels.
10.3 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.
The EUSR to Middle East Peace Process
10.4 The incumbent, Dr Andreas Reinicke, was appointed
in February 2012: a German diplomat with more than 25 years experience,
who had devoted most of his career to the Middle East, with deep
and extensive knowledge about the Middle East Peace Process, including
earlier in his career being Head of the Representative Office
of the Federal Republic of Germany in Ramallah and having held
several other senior positions in the German Foreign Ministry
dealing with Near East affairs. [35]
10.5 His current mandate runs from 30 June 2013 until
30 June 2014, with a provision to review developments on the ground
between now and 31 December 2013. We considered this most recent
extension at our meeting on 26 June 2013.
10.6 At that time, the Minister for Europe (Mr David
Lidington) noted that efforts to re-launch the peace process,
led by the United States, were ongoing. Ending the mandate at
this time would, the Minister said, send a contradictory message.
But there was an element of caution in the Minister's comments:
there was scope for the EUSR to play a more active role in driving
development and implementation of EU policy on the Middle East
peace process, which he would continue to encourage. Suggesting
that it would be wrong to end the mandate now clearly indicated
that this was the question that would be uppermost over the next
six months. We presumed that the Minister would inform the Committee
of the outcome of the review, and his views on its findings and
recommendations.
10.7 On that understanding, we cleared the Council
Decision.[36]
The draft Council Decision
10.8 This document seeks to repeal the previous Council
Decision 2013/350/CFSP, and to confirm that the future representation
in relation to the issue will be reviewed before the end of the
current time-frame for the peace talks, in May 2014.
10.9 In his Explanatory Memorandum of 6 January 2014,
the Minister reports that, at the Political and Security Committee
(PSC)[37] on 27 November
2013, at the High Representative's request, EU Ambassadors agreed
to repeal the mandate of the EUSR to the Middle East Peace Process
from 1 January 2014.
The Government's view
10.10 The Minister then says:
"The roles and responsibilities will be transferred
to the European External Action Service (EEAS) with Helga Schmidt,
EEAS Deputy Secretary General, acting as envoy to the High Representative
and reporting directly to Member States through the PSC. We judge
that this will continue our objective of the EU providing an active
and efficient contribution to the ongoing negotiations which aim
to achieve a final settlement of the Israeli-Palestinian conflict.
A scrutiny reserve has been placed on the decision, and the government
supports the approval of this agreement."
10.11 The Minister then continues his comments thus:
"The US has restarted
direct talks between Israel and the Palestinians to agree a solution
to the Middle East Peace Process.[38]
The EU is playing an active role, including through FAC conclusions,
which in December put forward an unprecedented package of support
in the form of 'Special Privileged Partnerships' offered to both
parties in the event of a final status agreement.[39]
"We judge that the repeal of the EUSR MEPP mandate
will not have a negative impact on the EU's policy objectives
regarding the MEPP. The High Representative is taking a personal
role in this part of her portfolio, actively supported by Director
Secretary General Helga Schmidt, a senior EEAS official reporting
to the Political and Security Committee. We judge that this is
a good arrangement as negotiations progress, and will enable the
EU to continue to provide a strong contribution to the process.
"We will to continue to support our aim of the
EU playing an active role on the MEPP, including by working with
the EEAS to develop a concrete package of incentives to both parties,
such as increased access to European markets, facilitation of
trade and investments, and enhanced political and security cooperation.
"This proposal aims
to keep all options open when it comes to the nature of the EU's
engagement on the peace process in the run up to May 2014."
Conclusion
10.12 The Minister draws attention to the scrutiny
reserve that has been placed on this Council Decision in Brussels.
But the substantive decision has already been taken and implemented,
and has only come before the Committee because a Council Decision
is necessary formally to end this mandate. Moreover, we note,
that, contrary to our clearly-expressed understanding, we have
heard nothing from the Minister since June. We therefore ask
him to explain why it was not possible to provide us with information
about the way matters were developing, Why has it taken him from
27 November 2013 until 6 January 2014 to tell us about this proposal
and why he supports it, rather than presenting the Committee with
a fait accompli?
10.13 We would like him to comment on reports
in a reputable newspaper[40]
that this proposal was made "in the face of fierce opposition
from the member states" — this because (the article
suggests) the proposal was regarded as prejudging the outcome
of a general review currently underway of EU Special Representatives
(EUSR) roles. As the Minister will recall, we have been in regular
correspondence with him on this matter. As matters presently
stand, the Minister has assured us that this review is focussed
on the guidelines governing the EUSRs' terms and conditions of
service; the outcome of which he has said, in response to our
representations, he will advise us, but will not deposit for scrutiny
prior to adoption. We ask him to confirm that there are no proposals
under discussion for the wholesale integration of EUSR posts into
the EEAS — one consequence of which is that Member States
would no longer be able to approve the mandate of what are effectively
the Council's special envoys to a variety of trouble spots affecting
EU and national interests, or the job holder.
10.14 At the time of writing, present prospects
for any sort of final settlement by May 2014 are not encouraging.[41]
In any event, we should be grateful if the Minister would write
to the Committee, before any decision is taken and no later than
before the Easter recess, to outline what options regarding the
nature of the EU's engagement on the peace process, in the run
up to May 2014, are then under active consideration. At the same
time, it would be helpful if he would include his assessment of
the state of play in the peace talks, and the implications at
that time for EU's longer-term involvement, particularly in the
area of security cooperation (e.g. for the existing and any further
prospective CSDP missions).
10.15 In the meantime, we clear this Council Decision.
Annex: 16 December 2013 Foreign
Affairs Council Conclusions on the Middle East Peace Process
"1. The European Union fully supports the efforts
of the parties and of the US towards a just and lasting settlement
for the Israeli-Palestinian conflict. The European Union particularly
commends the tireless engagement by US SoS John Kerry and the
leadership shown by President Abbas and Prime Minister Netanyahu.
2. The European Union recalls previous Council conclusions
which laid down its vision for a two-state solution resulting
in an agreement on all final status issues, ending all claims,
and fulfilling the legitimate aspirations of both parties.
3. The EU is convinced of the positive role that
countries in the region can play in advancing the peace process,
and remains committed to the on-going dialogue with the Arab States,
including with regard to achieving peace in the Middle East. The
Council reiterates the strategic importance of the Arab Peace
Initiative for all parties and for the entire region.
4. Recalling its Foreign Affairs Council Conclusions
of June and December 2009, the European Union reiterates its readiness
to contribute substantially to post-conflict arrangements for
ensuring the sustainability of a peace agreement. The Council
will work on concrete proposals, including by building on previous
work undertaken on EU contributions to Palestinian state-building,
regional issues, refugees, security and Jerusalem.
5. The EU will provide an unprecedented package of
European political, economic and security support to both parties
in the context of a final status agreement. In the event of a
final peace agreement the European Union will offer Israel and
the future state of Palestine a Special Privileged Partnership
including increased access to the European markets, closer cultural
and scientific links, facilitation of trade and investments as
well as promotion of business to business relations. Enhanced
political dialogue and security cooperation will also be offered
to both states.
6. Current talks represent a unique opportunity which
must be seized for both parties to implement a two-state solution.
A one state reality would not be compatible with the legitimate
sovereign and democratic aspirations of both parties.
7. The EU warns against actions that undermine the
negotiations. In this regard, it deplores Israel's continuous
expansion of settlements, which are illegal under international
law and constitute an obstacle to peace. The Council also expresses
its grave concern regarding incitement, incidents of violence
in the occupied territory, house demolitions and the deteriorating
humanitarian situation in Gaza. The EU expresses its serious concern
about actions that undermine the status quo of the holy sites,
including in Jerusalem. The European Union will continue to closely
monitor the situation and its broader implications, and act accordingly.
8. The European Union reiterates that it is in its
fundamental interest to see an end to the conflict, establish
lasting peace and prosperity along its southern borders and simultaneously
develop its political, economic and trade relations with both
parties. The European Union stands firmly behind President Abbas
and Prime Minister Netanyahu in their efforts to take bold and
concrete steps towards a just and lasting solution to the conflict
within the agreed timeframe.
9. The Council expressed its gratitude to the EU
Special Representative, Andreas Reinicke, for his work and efforts
undertaken during his time as EUSR."[42]
35 For the full background to his appointment, see
the previous Reports referred to in the headnote. Back
36
See headnote: (35061) -: HC 83-vii (2013-14), chapter 15 (26
June 2013). Back
37
The committee of ambassador-level officials from national delegations
who, by virtue of article 38 TEU, under the authority of the High
Representative and the Council, monitor the international situation
in areas covered by the CFSP and exercise political control and
strategic direction of crisis management operations, as set out
in article 43 TEU. The chair is nominated by the HR. Back
38
For background to the resumption of the peace talks, see http://www.bbc.co.uk/news/world-middle-east-23686410. Back
39
We reproduce the Council Conclusions at the annex to this chapter
of our Report. Back
40
European Voice of 19 December 2013 - 8 January 2014, p.8. Back
41
See http://www.bbc.co.uk/news/world-middle-east-25566439. Back
42
The text is available at http://www.eu-un.europa.eu/articles/en/article_14386_en.htm. Back
| 
