Documents considered by the Committee on 25 June 2014 - European Scrutiny Committee Contents


11 European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

Committee's assessment Politically important
Committee's decision Cleared from scrutiny
Document details Council Decision on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
Legal base Articles 28, 42 (4) and 43 (2) TEU; unanimity
Department Foreign and Commonwealth Office

Summary and Committee's conclusions

11.1 Following the 15 November 2005 Agreement on Movement and Access for Gaza between Israel and the Palestinian Authority, the EU established EUBAM Rafah: the Border Assistance Mission at the Rafah crossing point between Gaza and Egypt. Whilst active, EUBAM Rafah facilitated the crossing of over 500,000 people and contributed to confidence building activity between the parties related to border control and customs. However, following the Hamas takeover of the Gaza strip, the mission has not been opened since June 2007, and has been on standby ever since.

11.2 In 2006, the EU Co-ordinating Office for Palestinian Police Support (established in 2005, within the office of the EU Special Representative (EUSR) to the Middle East Peace Process, with financial support from Sweden, Denmark, the UK and Spain) was elevated to a full CSDP mission, EUPOL COPPS, with 33 staff and a three-year mandate.

11.3 It was intended to merge the two missions by June 2012: but Israel rejected this proposal. EUBAM Rafah's operational element was relocated to Tel Aviv to reduce costs; the overall number of staff for the mission was reduced from 19 to five.

11.4 The proposed Council Decision extends the mandate of EUPOL COPPS for 12 months to 30 June 2015. Proposed expenditure for the next 12 months should not exceed €9 million, representing what the Minister for Europe (Mr David Lidington) describes as a significant reduction on the current budget of €9.57 million for 2013/14. He notes that the original budget proposed was €9.82 million:

    "However, in line with our policy for the rigorous management of resources, we obtained agreement to a reduction in actual expenditure in the form of an Outcome of Proceedings. This is a politically binding agreement that will limit the funds transferred from the CFSP budget to EUPOL COPPS. Reduced expenditure will be achieved by the removal of an allocation of €250,000 in respect of a proposed move to a new HQ and surrounding running costs of approximately €590,000."

11.5 The Minister supports this 12 month extension because

    "i) it is a successful Mission that plays an important role in Palestinian state-building efforts; and ii) cutting the mission now could be seen by the US, Israel and the Palestinians as a change in the EU's position on the importance of the Middle East Peace Process."

11.6 Following our continued exhortations last year to provide evidence of the Mission's achievements in return for an expenditure thus far of some €60 million, the Minister now provides further such evidence, which we welcome.

11.7 We also commend him and his officials for once again bringing a strong focus to bear on constraining the 2014-15 budget, particularly where (as usual) the default is for an increase.

11.8 While EUPOL COPPS continues to make progress in very challenging circumstances, its "sister" mission, EUBAM Rafah, remains in the doldrums. We therefore look forward to receiving the promised further information on the EUBAM Rafah interim Strategic Review, once it has been published, with his views on the implications for the Mission's future; and also the information that the Committee has requested on the comprehensive EU approach to Gaza.

11.9 In the meantime, we clear this Council Decision.

Full details of the documents:

Council Decision amending and extending Council Decision 2013/354/CFSP on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS): (36161) —.

Background

11.10 Following the 15 November 2005 Agreement on Movement and Access for Gaza between Israel and the Palestinian Authority, the EU established EUBAM Rafah: the Common Security and Defence Policy Border Assistance Mission at the Rafah crossing point between Gaza and Egypt. Whilst active, EUBAM Rafah facilitated the crossing of over 500,000 people and contributed to confidence building activity between the parties related to border control and customs. However, following the Hamas takeover of the Gaza strip, the mission has not been opened since June 2007, and has been on standby ever since.

11.11 In 2006, the EU Co-ordinating Office for Palestinian Police Support (established in 2005, within the office of the EU Special Representative (EUSR) to the Middle East Peace Process, with financial support from Sweden, Denmark, the UK and Spain) was elevated to a full CSDP mission, with 33 staff and a three-year mandate.

11.12 It was intended to merge the two missions by June 2012: but Israel rejected this proposal. EUBAM Rafah's operational element was relocated to Tel Aviv to reduce costs; the overall number of staff for the mission was reduced from 19 to five. The Minister said that efforts to merge the two Heads of Mission would continue.

11.13 A year on, there had been no fundamental change to this situation. In June 2013, we accordingly cleared a Council Decision authorising a further twelve-month budget of €9.57 million. Although again commending the Minister for his and his officials' continuing efforts towards and success in maintaining budgetary discipline, the Committee chastised the Minister for again failing to provide any information, which the Committee had asked for a year earlier, that substantiated the various claims for EUPOL COPPS' achievements in return for an investment that, including the 2013-14 budget, amounted to some €60 million.

11.14 In his response dated 28 June 2013, the Minister noted that EUPOL COPPS had gradually shifted focus from equipping counterparts and providing immediate assistance, to institution and capacity building — its most notable achievement has been the development of the Jericho Police Training College. This work had been instrumental in providing necessary equipment and training to establish a professional and efficient Palestinian Civil Police (PCP), whose effectiveness was central to improving security in the West Bank and to building the institutions of a future Palestinian state. He outlined a number of ways in which, as well as establishing sustainable and effective policing, EUPOL COPPS had continued to support Palestinian capacity building in security. Regarding the mooted possibility of merging the two missions, the Minister said that, following the decision to relocate EUBAM Rafah to Tel Aviv to reduce costs, a merger continued to not be possible, given the Israeli opposition to such a move and that their support was imperative for EUPOL COPPS' success.

11.15 The Minister also noted that, following the six-monthly reviews of both missions in May 2013, Member States had agreed that the EEAS would revise the operations planning documents for EUPOL COPPS to reflect the agreement that the mission would focus on:

—  "re-calibrating its efforts to the more strategic level, without compromising its current contribution at the tactical level;

—  "addressing remaining deficiencies in the Palestinian police and criminal justice sectors;

—  "enhancing its engagement with the PCP at the level of West Bank districts so as to consolidate strategic interventions and reform already introduced at the central level."

11.16 The Minister also said that:

"It was also noted that a more systematised modus operandi, based on the programmatic approach and in compliance with the existing civilian CSDP benchmarking methodology will be applied to the mission from the 1st July. We will continue to encourage the mission to develop concrete operational objectives against which to measure progress." [26]

11.17 More recently, we reminded the Minister that, as and when he submitted a Council Decision regarding the 2014-15 budget, we looked forward to receiving similar such information about its achievements during the past year.[27]

The Minister's Explanatory Memorandum of 23 June 2014

11.18 The Minister recalls that in his Explanatory Memorandum of 6 June 2014 on the Council Decision on EUBAM Rafah, he had explained that budgetary discussions were underway for EUPOL COPPS and that he would write separately once these had been concluded.

11.19 He also notes that, since writing on 6 June, the EUBAM Rafah interim Strategic Review has not yet been published; that UK officials are continuing to lobby for its early publication; and that he will write again once he has received the review with his views on the implications for the Mission's future; and at the same time, will also provide the information that the Committee has requested on the comprehensive EU approach to Gaza.[28]

11.20 The Minister then continues as follows:

"We have indicated in Brussels that we would be content for a 12 month extension of the mandate for EUPOL COPPs because i) it is a successful Mission that plays an important role in Palestinian state-building efforts; and ii) cutting the mission now could be seen by the US, Israel and the Palestinians as a change in the EU's position on the importance of the Middle East Peace Process.

"EUPOL COPPS assists the Palestinian Authority to develop effective and sustainable policing and wider criminal justice arrangements, in line with international best practice. The Mission's focus has not changed. The Mission continues to play a critical role in the wider Palestinian Authority security sector and is a crucial component of EU support to Palestinian state building. It contributes to the Middle East Peace Process by doing highly effective work to strengthen law and order in the West Bank under a strong leadership team, and to growing Palestinian public confidence in the Palestinian Civilian Police and justice institutions. The mission also contributes to broader EU aims: building the capacity of the Palestinian police to police all areas in the West Bank and aiming, in line with May 2012 Foreign Affairs Council conclusions, to encourage more cooperation between Palestinian and Israeli security forces and access into areas B and C."

PROGRESS TO DATE:

"Over the last year, EUPOL COPPS has achieved a number of notable successes related to its 3 objectives of supporting the Palestinian Civil Police reform and development, strengthening and supporting the criminal justice system and improving police-prosecution interaction:

·  "Continuing to support and assist the Palestinian Civil Police (PCP) and making progress in addressing the lack of clarity and delineation of roles and responsibilities among PA security and justice institutions;

·  "Successfully embedding two ministerial advisers in the Ministry of the Interior who are providing policy and technical advice to senior MoI officials related to civilian policing;

·  "Preparing an analysis of the legislative framework regulating the PCP in the Occupied Palestinian Territory, which was the first time that such a comprehensive analysis has been prepared. This will be used to inform the drafting of the Law on Police;

·  "Assisting and supporting the drafting of the 2014-2016 PCP Strategic Plan;

·  "Supporting structural reform of training administration, promoting the concept of in-service training for PCP officers. It has developed training curricula at the Palestinian College for Police Sciences for basic and developmental training courses;

·  "Assisting in developing the terms of reference for new criminal and statistical analysis units in Ramallah, Nablus, Jenin and Bethlehem;

·  "Promoting effective and efficient frontline policing through organising workshops involving all district commanders and heads of specialised administrations;

·  "Carrying out a number of training initiatives to enhance the organisational and administrative structures of the key Criminal Justice Institutions;

·  "Organising and funding a conference for Israeli and Palestinian police and prosecution services on how to improve legal procedures, continuity of evidence and cooperation between the two criminal justice systems;

·  "Being fully involved in the institutional development of the Family Protection Unit (FPU) and the Criminal Investigation Department (CID), two operational units within the PCP which are instrumental for efficient police-prosecution cooperation.

"In addition to these successes, EUPOL COPPS has ensured that its activities are fully in line with the CSDP benchmarking methodology with a clear monitoring and evaluation system. We therefore support renewing the mandate for 12 months as part of our continuing Palestinian state-building efforts and to maintain the work in supporting the Palestinian Authority's development of their policing and rule of law capabilities."

BUDGETARY ANALYSIS

11.21 The Minister says that, "in line with the UK approach on all other CSDP missions", he and his officials "have worked hard to scrutinise this budget to ensure it is fit for purpose", and that by "questioning the assumptions behind each budget line we are happy that this budget as accurately as possible predicts the actual spend for the year."

11.22 The details are as follows:

"Proposed expenditure for the period 1 July 2014 to 30 June 2015 will not exceed €9m. This represents a significant decrease on the current allocation. A comparison of the current and proposed budget is set out below:

Budget heading 2013/14 (Euros) 2014/15 (Euros)
Personnel costs 5,991,504 6,445,616
Missions 206,344205,104
Running expenditure 2,248,346 1,671,930
Capital expenditure 914,204 538,159
Representation 12,000 15,600
Contingencies 197,602 103,591
Total 9,570,000 8,980,000

·  "Personnel Costs (€6,445,616):

o  "The proposed allocation is a rise of €454,112 on the current, representing an increase of 7.5%. The majority of this increase is due to automatic annual salary increments set down in terms & conditions for employment over which we have no control.

·  "Missions Expenditure (€205,104):

o  "Proposed expenditure shows a small decrease of €1,240.

·  "Running Costs (€1,671,930):

o  "Overall costs will fall due to the postponement of the move to the new HQ, which would have incurred costs of €590,000. High Risk insurances for the Head of Mission and International Staff have decreased by €34,816 whilst Local Staff insurance has risen by €3,966 due to additional cover for dependents. Expenditure on building supplies and maintenance have risen by €13,650 to €28,650 because the main office building was old and required regular repairs.

·  "Capital Expenditure (€538,159)

o  "There is reduction of €375,865 to this budget line, representing a decrease of 41%. The key contributor to this reduction concerns the removal of an allocation of €250,000 for a proposed office move.

The removal of this allocation followed negotiations in which the UK adopted a tough line in order to secure a zero real growth budget.

·  "Representation (€15,600):

o  "Proposed expenditure shows a rise of €3600.

·  "Contingencies (€103,591):

o  "The contingency reserve can vary between 1%-3% of the budget and is set at 1.05% for the new period. This is lower than the current year because costs for visiting experts have been moved into the main budget."

Previous Committee Reports: None; but see (35034) and (34035) —: Sixth Report HC 83-vi (2013-14), chapter 17 (19 June 2013) and Thirteenth Report HC 83-xiii (2013-14), chapter 44 (4 September 2013); also see (36115) —: Third Report HC 219-iii (2014-15), chapter 12 (18 June 2014).


26   See Thirteenth Report, HC 83-xiii (2013-14), chapter 44 (4 September 2013). Back

27   See (36115) -: Third Report, HC 219-iii (2014-15), chapter 12 (18 June 2014). Back

28   IbidBack


 
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Prepared 9 July 2014