11 EU Special Representative for Kosovo
| Committee's assessment
| Politically important
|
| Committee's decision
| Cleared from scrutiny
|
| Document details
| Council Decision extending the mandate of the EU Special Representative in Kosovo
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| Legal base
| Articles 31 (2) and 33 TEU; QMV
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| Department
| Foreign and Commonwealth Office
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Summary and Committee's conclusions
11.1 This Council Decision renews the
mandate and budget of Samuel Žbogar as EU Special Representative
(EUSR) in Kosovo for a further eight months, from 30 June 2014
until 28 February 2015. He will also continue his role as acting
as head of the EU Office in Pristina.
11.2 The Minister for Europe (Mr
David Lidington) illustrates clearly the various ways Mr Žbogar
has continued to make a positive contribution in an extremely
challenging situation, particularly with regard to the EU's largest
and most longstanding rule-of-law mission, EULEX Kosovo.[41]
This is especially important at this juncture because, as our
most recent Report on EULEX Kosovo illustrated, it faces a very
difficult transition, in which Mr Žbogar will no doubt continue
to play a leading role.
11.3 The proposals for EULEX over
the next two years outlined in that Report emanate from a European
Court of Auditors report and an EEAS Strategic Review: an unwieldy
EULEX would be down-sized, specialising in the areas which would
make the most impact in the next two years; its Executive division
— covering policing and sensitive criminal cases —
would remain in both the north and south of Kosovo, but in a smaller
way, while most of EULEX's current capacity-building activities
would be taken on by Commission-funded project work (reflecting
a key recommendation of the European Court of Auditors' earlier
report). As of now, we await a Council Decision in the autumn,
with the full 2014-15 budget, and information about the OpPlan;
about the substance of the proposed reforms; and about developments
in EULEX's work in the interim.[42]
11.4 Despite his success and the
importance of continuity, the Minister explains why Mr Žbogar's
mandate is being extended only until February 2015, viz., the
uncertainty over the future of the EUSR role per se, in
the face of a proposal by the High Representative to absorb them
into the EEAS — a proposal that the Government is, rightly,
resisting, and the final determination of which has been postponed
until a new High Representative is in post.[43]
11.5 The Minister explains that the
negotiations on the 2014-15 budget funding Mr Žbogar's mandate
have yet to be finalised. However, we are sufficiently satisfied
on the basis of the information provided thus far now to clear
this Council Decision from scrutiny (though we should be grateful
if the Minister would provide us with a budget breakdown, once
it has been finalised).
Full details of the
document: Council Decision
extending the mandate of the European Union Special Representative
in Kosovo: (36034), —.
Background
11.6 The EU has had a central role in
post-conflict Kosovo: firstly, as part of the UN Interim Administration
Mission in Kosovo, or UNMIK; and latterly, through the EU Special
Representative/Head of the EU Delegation and the EU's largest
and most longstanding civilian ESDP mission, EULEX Kosovo.
11.7 The EUSR's mandate stems from the
14 December 2007 European Council underlining the EU's readiness
to play a leading role in strengthening stability in the Western
Balkans, including by contributing to a European Security and
Defence Policy mission and to an International Civilian Office
as part of the international presence in Kosovo. Joint Action
2008/123/CFSP adopted on 4 February 2008 established an EU Special
Representative for Kosovo. Kosovo declared independence on 17
February 2008.
11.8 The mandate of the EUSR is based
on the objective of securing a stable, viable, peaceful and multi-ethnic
Kosovo, which will contribute to regional stability. His tasks
include being the channel for the EU's advice and support to the
political process, promoting political coordination in Kosovo
through the EU missions, ensuring a coherent public message, and
contributing to the consolidation of human rights and fundamental
freedoms in Kosovo.
11.9 As our earlier Reports detail,
until May 2011 the EUSR mandate was combined with that of the
International Civilian Representative (ICR; appointed by an International
Steering Group, of which the UK is a member, and the ultimate
supervisory authority over the implementation of the UN Special
Envoy's Comprehensive Settlement Proposal: Kosovo committed itself
to that proposal as part of its declaration of independence).
The ICR had no direct role in the day to day administration of
Kosovo, but retained strong executive and corrective powers to
ensure the successful overall implementation of the Settlement.
The ICR's mandate was to continue until the ISG determined that
Kosovo had implemented the terms of the Settlement.
11.10 Previous Council Decisions cleared
by the Committee:
— ended that arrangement,
leaving the incumbent as the ICR;
— set out a new mandate that
combined the EUSR role with that of heading a new Liaison Office
in Belgrade, which had been set up as part of the EU-sponsored
(and UN-endorsed) Dialogue between Pristina and Belgrade;
— appointed Fernando Gentilini
as EUSR (an Italian diplomat, now a member of the EEAS and closely
involved with the Pristina/Belgrade Dialogue since its inception)
until he became the EEAS Director for the Western Balkans; and
— as of 1 February 2012, appointed
Samuel Žbogar for the position (and thus also as Head of
the EU Office in Pristina).
11.11 The Minister for Europe noted
that Mr Žbogar (a former Slovenian Minister of Foreign Affairs,
Ambassador to the United States and EU Political Director) would
bring deep knowledge of the region and its personalities, as well
as extensive diplomatic and EU experience. He had been in regular
contact with the Foreign and Commonwealth Office over policy towards
the Western Balkans and helped maintain the EU's focus on the
region and enlargement in general. Furthermore, the appointment
of a former Foreign Minister was, he believed, a firm signal of
the EU's commitment to Kosovo's European future.
The Minister's Explanatory Memorandum of 12 June
2014
11.12 The Minister recalls that, on
24 April, the High Representative (Baroness Ashton) informed Member
States that she did not propose to extend any EUSR mandates expiring
this year beyond February 2015 in order to allow her successor
the necessary time for follow-up decisions; and therefore proposed
to extend the mandate and budget of Mr Žbogar, as EUSR Kosovo,
for another eight months.
11.13 The Minister comments as follows:
"I welcome this recommendation
and remain fully supportive of the work of the EUSR in Kosovo.
Since the beginning of his role in December 2011, Mr Žbogar,
the former Slovenian Minister of Foreign Affairs, has brought
extensive diplomatic and EU experience to his role as Kosovo's
EUSR and added value to the EU's work in Kosovo by:
· "Building important
relationships, in particular with Serbs in Kosovo, and thereby
playing a key role in enabling Kosovo to move forward to the next
stage of EU integration. Mr Žbogar has maintained an EUSR/EU
Office team in North Mitrovica to engage with, and listen to,
the needs of the Serb population. He helped to facilitate voting
in Serbian and Kosovan elections by Serbian citizens in Kosovo,
and negotiated visits by Serb politicians to encourage the Serb
community in Kosovo to co-operate with the Kosovo authorities.
His positive relationship with the new Serb mayors in north Kosovo
has also helped secure the necessary compromises to implement
agreements reached through the Serbia-Kosovo Dialogue, for example
over the use of Serbian and Kosovan logos in connection with municipal
statues.
· "Mr Žbogar has
also used his positive relationships to support the work of the
EULEX rule of law mission and smooth over the inevitable tensions
caused by a number of EULEX arrests of significant figures. He
has worked hard to build an effective relationship with EULEX
and given sound political advice to the EULEX Head of Mission
(Bernd Borchardt). They coordinate activities through their joint
chairing of the Joint Rule of Law Coordination Board, which facilitates
a high-level dialogue with Kosovo government officials on reforming
the rule of law in Kosovo."
11.14 The Minister then says that,
to build on these successes and ensure the EUSR's work continues
to deliver on UK objectives, UK officials, with the support of
several like-minded EU Member States, have secured a number of
changes to the mandate in relation to EULEX:
"These include a role for the EUSR
in guiding the transition from EULEX when the mission's renewed
mandate expires in 2016, a very important issue given the expectation
that the EU Office will take on certain responsibilities for monitoring
and assistance. A further change is codifying the EUSR's role
in using public diplomacy to build support for EULEX, which will
continue to be a challenge as EULEX steps up its rule of law work.
"The policy objectives in the proposed
mandate include: playing a leading role in promoting a stable,
viable, peaceful, democratic and multi-ethnic Kosovo; strengthening
stability in the region and contributing to regional cooperation
and good neighbourly relations in the Western Balkans; promoting
a Kosovo that is committed to the rule of law and to the protection
of minorities and of cultural and religious heritage; supporting
Kosovo's progress towards the Union in accordance with the European
perspective of the region and in line with the relevant Council
Conclusions.
"The mandate calls for Mr Žbogar
to do the following (changes italicised):
· "offer the Union's advice
and support in the political process;
· "promote overall Union
political coordination in Kosovo;
· "strengthen the presence
of the Union in Kosovo and ensure its coherence and effectiveness;
· "provide local political
guidance to the Head of the European Union Rule of Law Mission
in Kosovo (EULEX KOSOVO), including on the political aspects of
issues relating to executive responsibilities;
· "ensure consistency
and coherence of Union action in Kosovo, including in guiding
locally the EULEX transition;
· "support Kosovo's progress
towards the Union, in accordance with the European perspective
of the region, through targeted public communication and Union
outreach activities designed to ensure a broader understanding
and support from the Kosovo public on issues related to the Union,
including the work of EULEX;
· "monitor, assist and
facilitate progress on political, economic and European priorities,
in line with respective institutional competencies and responsibilities;
· "contribute to the development
and consolidation of respect for human rights and fundamental
freedoms in Kosovo, including with regard to women and children
and protection of minorities, in accordance with the Union's human
rights policy and Union Guidelines on Human Rights;
· "assist in the Implementation
of the Belgrade-Pristina dialogue facilitated by the Union".
11.15 In sum, the Minister says:
"I believe that this new mandate
will enable the EUSR to continue to promote Kosovo's European
perspective, improve the effectiveness of EULEX, and demonstrate
the EU's strengthened commitment to its relationship with Kosovo."
11.16 With regard to the Financial
Implications, the Minister says:
"EUSRs are funded from Heading
4 of the EU Budget, which covers the EU's external spend. Last
year's budget for the EUSR office was settled at €1,870,000
for the 12 month mandate. The UK's assessment is that this represented
value for money. This year's proposed budget represents an increase
of 17% (€203,336 pro rata) to €1,450,000 for the next
eight month period (€2,175,000 pro-rata).
"The Government supports the progressive
transfer of resources from EULEX to the EUSR. The first stage
of this is the transfer of nine staff to the EUSR involved in
monitoring and assistance. These areas are critical aspects of
the EUSR's mandate and therefore require some additional resource
and support. While this transfer will mean an increase, compared
with 2013, in the budget of the EUSR, I expect there to be a significant
net reduction in the overall cost of the EUSR and EULEX together.
Negotiations on this are continuing.
"A scrutiny reserve is in place
and my officials have stressed the need for a budget to be circulated
as soon as possible. Given the EUSR's mandate expires on 30 June,
the EU is keen to adopt the Council Decision extending the mandate
and agreeing the budget as soon as the UK has lifted its reserve."
Previous Committee Reports
None: but see (33609) —: Fifty-second
Report HC 428-xlvii (2010-12), chapter 24 (18 January 2012); (33170)
—: Forty-second Report HC 428-xxxvii (2010-12), chapter
22 (12 October 2011); (33066) —: Fortieth Report HC 428-xxxv
(2010-12), chapter 13 (7 September 2011); (32738) — and
(32590) —: Twentieth-eighth Report HC 428-xxvi (2010-12),
chapter 10 (11 May 2011) and (32590) — (32601) — (32602)
— and (32603) —: Twenty-third Report HC 428-xxi (2010-11),
chapter 4 (23 March 2011); also see (32505) —: Nineteenth
Report HC 428-xvii (2010-11), chapter 12 (16 February 2011).
41 EULEX Kosovo is focused on local ownership and capacity
building, through mentoring, monitoring and advice; aimed at advancing
the goal of a stable, viable, peaceful, democratic, multi-ethnic
Kosovo, contributing to regional cooperation and stability, and
committed to the rule of law and to the protection of minorities. Back
42
For full details, see (36004) -: Fiftieth Report HC 83-xlv (2013-14),
chapter 15 (14 May 2014). Back
43
For the full discussion of and background to these wider issues,
see our Report of 4 June 2014: (35701) -: HC 219-i (2014-15),
chapter 27 (4 June 2014). Back
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