Documents considered by the Committee on 9 July 2014 - European Scrutiny Committee Contents


12 Common Foreign and Security Policy, including Common Security and Defence Policy

Committee's assessment Politically important
Committee's decisionCleared from scrutiny; drawn to the attention of the Foreign Affairs Committee
Document detailsHigh Representative's Annual Report: Main Aspects and Basic Choices of CFSP 2013
Legal base
DepartmentForeign and Commonwealth Office

Summary and Committee's conclusions

12.1 Under Article 36 TEU (previously Article 21 TEU), the European Parliament is to be consulted regularly by the High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission (HR/VP) Baroness Ashton, on the main aspects and basic choices of the EU's Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP); to be kept informed of how these policies evolve; and to have its views "duly taken into account".

12.2 Thus the Inter-Institutional Agreement (IIA) of 2 December 2013, part II, point E, paragraph 25, provides that, each year, the High Representative shall consult the European Parliament on a forward-looking document, which will set out the main aspects and basic choices of the CFSP, including the financial implications for the general budget of the European Union, an evaluation of the measures launched in the year n-1 and an assessment of the coordination and complementarity of CFSP with the Union's other external financial instruments.

The 2013 Report

12.3 The report is (as normal) a non-binding report that seeks to summarise the main Common Foreign and Security Policy (CFSP) and Common Security and Defence Policy (CSDP) activities for the year 2013.

12.4 This Council report describes the main CFSP decisions and activities undertaken in 2013 by EU Member States, and by the EEAS on their behalf. It has been agreed by the Political and Security Committee,[31] and is due to be noted at the July Foreign Affairs Council.

12.5 Part One, Looking Back at 2013, is divided into six sections:

·  Overview of Activities by Regions;

·  Addressing Threats and Global Challenges;

·  Contribution to a More Effective Multilateral Order;

·  Support to Democracy, Human Rights, International Humanitarian Law and the Rule of Law;

·  Comprehensive Approach, Conflict Prevention, Mediation and Crisis Response; and

·  Common Security and Defence Policy.

12.6 Part Two is focussed on looking ahead to 2014. In addition, there are five annexes: Annex I gives an overview of CFSP legal acts concerning restrictive measures in 2013; Annex II sets out the appearances of the High Representative/Vice-President before the European Parliament in 2013; Annex III details the appearances of Senior EEAS Representatives before the European Parliament in 2013; Annex IV details the CFSP budget for 2013; and Annex V lists the Statements and Declarations that were made in 2013.

12.7 The Committee, and thus the House, is familiar with much of the content of this Report via the legislative actions and accompanying Explanatory Memoranda submitted to it by the Foreign and Commonwealth Office. Nonetheless, we consider that this comprehensive annual overview continues to warrant reporting to the House, illustrating as it does the breadth of EU CFSP and CSDP activity. We are grateful to the Minister for Europe (Mr David Lidington) for his helpful summary.

12.8 As noted above, the report emanates from the right of the European Parliament to be informed and consulted about EU CFSP and CSDP activity. But it is the Member States who remain in charge. The December 2013 European Council Conclusions, which were the outcome of the first occasion since the entry into force of the Lisbon Treaty upon which the European Council held a thematic debate on defence, set the framework for 2014 and beyond.

12.9 With regard to the EU's Common Security and Defence Policy (CSDP), the Conclusions said that it will "continue to develop in full complementarity with NATO in the agreed framework of the strategic partnership between the EU and NATO and in compliance with the decision-making autonomy and procedures of each".

12.10 With regard to CFSP, the Council refers to "the EU's unique ability to combine, in a consistent manner, policies and tools ranging from diplomacy, security and defence to finance, trade, development and justice", and sees further improving the efficiency and effectiveness of the EU Comprehensive Approach, including as it applies to EU crisis management, as a priority.[32]

12.11 The Council also reaffirms the EU's full commitment to working in close collaboration with its global, transatlantic and regional partners, in a spirit of mutual reinforcement and complementarity; and emphasises the importance of supporting partner countries and regional organisations, through providing training, advice, equipment and resources where appropriate, so that they can increasingly prevent or manage crises by themselves. The Council also invited the Member States, the High Representative and the Commission to ensure the greatest possible coherence between the Union's and Member States' actions to this effect.

12.12 We continue to see the EEAS' role as being to support and complement the FCO's efforts to advance British international objectives, focusing on issues where its intervention and Europe acting collectively can make a real difference — in support of national efforts — to the prosperity and security of both the UK and Europe, and properly respecting the role of the Member States. The immediate challenge is to ensure that this is achieved with regard to the proposed Council Directive on consular protection for citizens of the Union abroad.[33]

12.13 In November, a new High Representative will be appointed. One of the outstanding issues that will then need to be resolved concerns whether, post-Lisbon, the EU Special Representative (EUSR) as a "concept" is to be continued or (as the EU High Representative has proposed) absorbed into the EEAS — the consequence being that Member States would no longer be able to approve the mandates of what are effectively the Council's special envoys to a variety of trouble spots affecting EU and national interests, or the job holder. Instead, such "special envoys" would effectively represent the High Representative/EEAS, and not the Member States through the Council. Once that new HR has been appointed, in November 2013, we have already asked the Minister to write (no later than mid-January 2015 and sooner if appropriate) with his own thoughts on the February 2015 round of mandate renewals and his assessment of the likely way forward for the EUSR concept as a whole. In the meantime, the Committee again endorses what the Minister has said thus far about the need for Member States to retain at least their present degree of control over the establishment of each position, the mandate and the job-holder.

12.14 As the Minister will recall, both this Committee and its predecessor have long argued the case for shifting from activity analysis of CSDP missions to assessing outcomes and value for money. We accordingly welcome his and his officials' sustained focus on value for money and results on the ground, and look forward to seeing this continuing to be reflected in future submissions on current and future missions.

12.15 We have continued our discussions with the Minister about the "upstream" scrutiny of CFSP and CSDP — i.e., the points at which policy decisions are taken that then result in the legislative actions that are submitted for scrutiny — as part of our inquiry on European Scrutiny in the House. We have referred on previous occasions to the assurance given in May 2008 by the previous Foreign Secretary, that the Government was "committed to the principle of upstream scrutiny", his recognition "that, for scrutiny to be effective, your Committee needs to be able to examine the EU policy-making process at the earliest possible stage", and his support for "being as open as possible regarding the context of the Conclusions and the general position that the UK will be taking in Council".[34]

12.16 We acknowledge in particular the Minister's endeavours to keep the Committee informed about prospective CSDP missions, and also the difficulty of complying with scrutiny requirements in the case of EU restrictive measures in fast-moving situations (such as the Ukraine crisis) and where the need to prevent pre-emptive action by those concerned has to be given priority (e.g., asset freezes). However, bearing in mind the need to avoid the Committee being presented with any of the "surprises" that its predecessor said, in 2009, should be avoided, there remain areas of continuing concern, which we shall be discussing with the Minister at an evidence session on 16 July.

12.17 We now clear the High Representative's report.

Full details of the document: Main aspects and basic choices of the CFSP (Part II, point E, paragraph 25 of the Inter-institutional Agreement of 2 December 2013) — Draft Annual report from the High Representative of the European Union for Foreign Affairs and Security Policy to the European Parliament: (36178), —.

Background

12.18 In its introduction, the report describes 2013 as a significant year for the EU's Common Foreign and Security Policy (CFSP). It says that the European External Action Service (EEAS), led by the High Representative of the Union for Foreign Affairs and Security Policy/Vice President of the Commission (HR/VP) Catherine Ashton, "played a substantial role in two landmark diplomatic breakthroughs: the Belgrade-Pristina agreement and an agreement with Iran on a Joint Plan of Action on its nuclear programme". The EU used its range of tools — CFSP and non-CFSP — "to tackle crises in a comprehensive way and to alleviate their impact on the countries concerned and on Europe", underpinning its diplomacy through new and existing Common Security and Defence Policy (CSDP) missions on the ground and through development aid for those in need, working closely with our international, regional and local partners.

12.19 The introduction goes on to note that:

    "Throughout the year, the EU endeavoured to maintain a genuinely global reach by supporting peace, democracy, the rule of law and human rights. Whether it be helping Europe's immediate neighbours in Eastern Europe, the Middle East and North Africa, helping stabilise the Horn of Africa or supporting the democratic transition in Myanmar/Burma, we played a positive and constructive international role. In Syria, we were the largest donor and worked to support UN mediation efforts. Around the world, from Jordan, Kenya to Pakistan, the EU sent observers to elections to promote the spread of democracy. To ensure aim at wider effectiveness in meeting current threats and challenges, we intensified as much as possible cooperation with our regional and strategic partners. The EU's contribution to global peace and security is apparent in a number of areas. First, we are directly involved in — and indeed often lead — international peace negotiations on behalf of the international community, for example between Belgrade and Pristina and in the Iran nuclear talks. Second, we can assemble a wide range of tools — such as diplomacy, civil and military missions, economic tools to tackle important foreign policy challenges using what we call the 'comprehensive approach'. The EU has the instruments — and in sufficient strength — to make a credible impact such as in Somalia and the Horn of Africa. Third, we work closely with — and materially support — international and regional partners to deal with regional challenges where only collective efforts can deliver results, such as climate change and disaster relief."

12.20 The report also notes that:

    "despite the economic difficulties Europe has experienced, the EU did not succumb to the temptation to turn inwards. Instead the HR, the Commission, the 28 Member States and the European Parliament worked together to keep the EU visible, credible and relevant in a turbulent world. Two new CSDP missions were launched in 2013: EU Training Mission in Mali to train Malian armed forces and EU Border Assistance Mission in Libya to build the capacity of Libyan government to manage its land, air and sea borders."

12.21 The report also sees "change in our strategic environment and rising demands" as having given "a push to accelerate the development of Common Security and Defence Policy", noting that:

    "The December 2013 European Council made the point that defence matters and in its conclusions gave several taskings to ensure progress in this field, ranging from defence industry to capability development projects to the financing arrangements for crisis management."[35]

12.22 Finally, the introduction highlights the July 2103 EEAS Review, which:

    "saw that the EEAS had developed into a modern and operational foreign policy service, equipped to promote EU interests and values. However, the Review process also identified a number of issues where further work is necessary in order to make the HR/VP and the service more effective in the future."

The Minister's Explanatory Memorandum of 2 July 2014

12.23 The Minister recalls in his Explanatory Memorandum of 23 August 2012 on the 2012 Report:

    "I made a statement that the UK intends to utilise the collective weight of the EU through the EEAS to achieve the UK's foreign policy objectives. Although the landscape of foreign policy in 2013 was constantly shifting, the UK acted decisively in coordination with EU Member States and Institutions to achieve some notable successes in line with UK objectives. These included the progress made in nuclear talks with Iran, and returning the decision on whether to send arms to the moderate opposition in Syria to Member States."

12.24 The Minister says that, as the report is nearly 200 pages, he has summarised areas of interest and primacy, as follows:

SOUTHERN NEIGHBOURHOOD, MIDDLE EAST PEACE PROCESS AND ARABIAN PENINSULA

    "The report analyses the developments that have occurred in the Southern Neighbourhood, the Middle East, and the Arabian Peninsula over the last year. The report points to progress made in some areas, such as on the nuclear talks with Iran, and positive developments in Tunisia, and stresses the difficulties the region still faces, in particular Syria, the Middle East Peace Process, and Egypt. Notwithstanding these difficulties, the EU continued to support the transition to democracy in the countries in the Southern Neighbourhood.

IRAN

    "The report notes the role played by the High Representative and the EEAS, who have continued to co-ordinate the E3+3 (UK, France, Germany and China, Russia and the United States) position in negotiations. The UK is playing a significant role in these negotiations. Iran and the E3+3 re-launched nuclear talks in September, following the election of President Rouhani on 14 June 2013. An interim six-month agreement, the Joint Plan of Action, was agreed on 24 November 2013. Implementation of the Joint Plan of Action, including limited EU sanctions relief, began on 20 January 2014, marked by a decision of the EU Council.

    "In return for taking restrictive measures on its nuclear programme, Iran was granted limited sanctions relief, though the bulk of EU, US and UN sanctions remain on Iran. This interim agreement has created the opportunity for negotiations with Iran on a comprehensive nuclear deal. Intensive negotiations continue with the aim of reaching agreement by 20 July, when the interim deal expires (although the Joint Plan of Action can be rolled over for a further six months, with mutual consent).

SYRIA

    "The situation in Syria further deteriorated over the course of 2013. Fighting intensified, including between rebel groups and al-Qaeda affiliated groups; chemical weapons were used by the Assad regime; and the humanitarian situation worsened. By the end of 2013, an estimated 100,000 people had died, and the number of refugees was over 2 million. Politically, the EU supported the efforts of the UN and worked closely with the UN-League of Arab States envoy Lakhdar Brahimi. The EU supported the diplomatic efforts on chemical weapons, led by Russia and the US, to agree the destruction of the Assad regime's stockpiles, and provided financial and logistical assistance to the UN and the Organisation for the Prohibition of Chemical Weapons. The EU was the largest donor of humanitarian and development aid, including supporting refugees. The EU also continued to support Lebanon in dealing with the massive influx of refugees from Syria.

    "In April, the Foreign Affairs Council amended the oil and banking restrictions on Syria to exempt the National Coalition from its provisions, allowing it to generate funds for civilians and the political opposition. The sanctions package was renewed in May, with the exception of the arms embargo. The UK successfully pushed through a change returning decisions on whether to send arms to the moderate opposition in Syria to EU Member States, with agreed safeguards. In December, the EU amended the derogation allowing frozen regime funds to be unfrozen for humanitarian assistance, ensuring such funds could only be released to the UN Syria appeals.

MIDDLE EAST PEACE PROCESS

    "The EU continued to prioritise the Middle East Peace Process, supporting the US efforts which led to the resumption of direct negotiations between the Israelis and Palestinians in July. In December, the EU put forward an offer of an unprecedented package of political, economic and security support to both parties in the event of a final status deal.

EGYPT

    "The section on Egypt details the contacts the High Representative had with Egyptian leaders in 2013, both before and after the removal from office of the previous President, Mr Morsi, on 3 July. Baroness Ashton was the only non-Egyptian leader to be allowed to meet Mr Morsi in prison.

    "An extraordinary Foreign Affairs Council meeting on 21 August 2013 adopted Conclusions that condemned the violence and called for an end to the state of emergency, the release of political prisoners, restoration of the democratic process and respect for human rights. The EU was invited by the interim government to observe the constitutional referendum and sent a team of senior election experts to the poll, which was held on 14-15 January 2014.

RUSSIA, EASTERN NEIGHBOURHOOD AND CENTRAL ASIA

    "The Vilnius Summit on the Eastern Partnership on 28-29 November was overshadowed by then President Yanukovych's decision not to sign the EU-Ukraine Association Agreement including a Deep and Comprehensive Free Trade Area. This triggered significant protests within Ukraine, and in 2014 President Yanukovych fled the country and a government of national unity was formed. Developments within Ukraine, including Russia's illegal annexation of Crimea led to a re-assessment of the EU's relationship with Russia, and, more generally, the EU's policy in the Eastern Neighbourhood. The Vilnius Summit did, however, see the initialling of the Association Agreements, including Deep and Comprehensive Free Trade Areas, with Georgia and the Republic of Moldova. A Visa Facilitation Agreement was also signed with Azerbaijan, a Framework Agreement for Participation in CSDP missions with Georgia, and the EU initialled a Common Aviation Area Agreement with Ukraine.

WESTERN BALKANS

    "Two major achievements in the region were Croatia joining the European Union on 1 July, and the EU-facilitated Serbia-Kosovo Agreement in April 2013, in which Baroness Ashton played a crucial role, leading a series of Dialogue meetings between the Prime Ministers of Serbia and Kosovo. Following the Agreement, the two sides worked intensively to implement it. In recognition of the progress made, accession negotiations with Serbia were opened in June, and a date for the formal launch of negotiations agreed in December. Similarly, negotiations on a Stabilisation and Association Agreement with Kosovo started in October, following the adoption of a negotiating mandate by the Council in June.

    "Progress towards long-term political stability in Bosnia and Herzegovina has stalled, with their political leaders failing to find a political agreement on the implementation of the European Court on Human Right's ruling in the Sejdiæ/Finci case, or to implement other reforms.

TURKEY AND WESTERN EUROPE

    "The EU continued to work closely on a number of issues with Turkey, recognising its important role with respect to Syria, in particular its provision of support to people fleeing the conflict, as well as its role in the wider region. In addition, the EU continued to press Turkey to support the negotiations on the settlement in Cyprus. As a candidate country, the Council reaffirmed the importance it attaches to relations with Turkey and called for the regained momentum in the accession negotiations to be sustained.

    "The EU was concerned about the excessive use of force by police and the overall absence of dialogue during the protests in May and June 2013, and made statements to that effect.

    "The major development with the non-EU Western European countries was Iceland putting on hold its accession negotiations in May 2013. In the CFSP area, cooperation deepened with cooperation provided by Norway and Switzerland in particular on a number of CSDP missions, including EULEX Kosovo, EUNAVFOR ATALANTA and EUFOR Althea.

ASIA AND THE PACIFIC

    "Developments in Asia were marked by a significant improvement in the political situation in Burma. The EU supported the reforms in Burma which, following improvements in the situation, led to the lifting of virtually all restrictive measures. The EU adopted the Comprehensive Framework for its policy and support to Burma, which identifies the EU's goals and priorities until 2015. In addition, Nobel Peace Prize laureate Aung San Suu Kyi collected the 1990 Sakharov Prize for Freedom of Thought at the European Parliament in October.

    "In contrast, developments in the Democratic People's Republic of Korea (DPRK) continued to pose serious concerns, both with regard to proliferation matters and human rights violations. The EU raised these issues at every opportunity both bilaterally and in multilateral fora. The EU condemned the DPRK's third nuclear test in February 2013 and transposed the new set of UN Security Council sanctions approved in March. The EU co-initiated with Japan a resolution in the UN Human Rights Council establishing a Commission of inquiry on human rights in the DPRK, which issued its final report in February 2014.

    "In China, 2013 marked the completion of the Chinese leadership transition. The EU established links with the new administration, and agreed the EU-China 2020 Strategic Agenda for Cooperation, which focuses especially on strategic issues, investment, innovation, urbanisation, climate change and environmental protection, people-to-people exchanges as well as defence and security matters. The trade in goods and services between the EU and China reached almost half a trillion euros in value in 2013, not far from the current value of EU trade in goods with the United States. The EU continued to raise human rights issues with China.

AFRICA

    "Following the attack by terrorist groups in Mali, the EU provided crucial support, including to those African countries providing troops for the UN-African Union mandated African-led International Support Mission to Mali (AFISMA). The EU launched a military Training Mission, EUTM Mali, which trained four battalions of the Malian armed forces in 2013.

    "In addition, under the African Peace Facility, the EU continued to provide significant financial support to the African Union Mission in Somalia (AMISOM). The EU continued to actively implement its Strategic Framework for the Horn of Africa.

    "The deteriorating security, political and humanitarian situation in the Central African Republic was a cause for concern. The EU and its Member States quadrupled their humanitarian assistance to the Central African Republic in 2013 compared to the previous year, working closely with the UN and other agencies to maximize assistance on the ground.

    "The EU stepped up its activities and presence in Somalia, with a more direct engagement with the Somali Federal Government and regional authorities, including hosting a high-level conference, at which the international community endorsed the Somali Compact and pledged 1.8 billion euros to support its implementation. The Compact includes a political roadmap to federalise Somalia and prepare elections in 2016, priorities and strategic plans to develop the Somali security sector.

    "EUCAP SAHEL Niger successfully finalised its full establishment and a Status of Mission Agreement was signed on July 30. The EU naval operation EUNAVFOR ATALANTA continued to lead the international fight against piracy, alongside NATO's Operation Ocean Shield. In 2013, there were fewer than 10 attacks off the Somali coast, with no merchant ship subject to piracy. The EU Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP Nestor), which was launched in 2012, carried out activities in 2013 in Djibouti, where it has its headquarters, Somalia, Tanzania and Seychelles. EUTM Somalia's mandate was extended, and transitioned to Mogadishu from its Uganda base, beginning new military training and advisory activity to strengthen Somali operational and strategic-level capacity.

AMERICAS

    "The EU-US relationship continues to be crucial, both in terms of the direct relationship, and also the close cooperation that exists on other issues, such as Syria, Iran, Afghanistan, and Kosovo. Negotiations of the Transatlantic Trade and Investment Partnership were launched in June 2013. Following revelations of surveillance activities by the National Security Agency, an ad hoc EU-US working group on data protection was established. The EU-Canada relationship remains a priority. The two sides are continuing negotiations on the Comprehensive Economic and Trade Agreement (CETA) and the Strategic Partnership Agreement (SPA). The EU-CELAC Summit held in Santiago in January 2013 provided an opportunity for contacts at the highest political level between EU and many Latin and Central American states.

CSDP

    "The report focuses on the current horizontal issues, which featured heavily in the December European Council on security and defence.

    "The Council committed to enhancing the effectiveness of CSDP in contributing to international crisis resolution and management. As part of the agenda on effectiveness, the Council stressed the need, and is working on plans, to enhance the development of both civilian and military capabilities, introduce new procedures and rules to enable more flexibility and more rapid deployment of missions, and new procedures for the political supervision of the CFSP budget, allowing for greater priority setting. 2013 has also seen a reinforcement of the system for learning lessons on CSDP, with a working group at expert level and a peer review process put in place. The EU has also shown its commitment to working with partners: there are now 11 non-EU countries participating in CSDP missions; cooperation with Eastern partnership countries has intensified, and the EU is cooperating closely with NATO ahead of the NATO Summit in September 2014. Finally, the EU has been making steady progress on its comprehensive approach to its external actions.

    "2013 saw the launch of the EU Border Assistance Mission in Libya (EUBAM Libya). This mission is providing training and advice to Libyan authorities aimed at building the capacity of Libyan government to manage its land, air and sea borders. Two missions also closed: The EU Integrated Rule of Law Mission for Iraq (EUJUST LEX-Iraq) was closed on 31 December 2013 having provided training, mentoring, monitoring and advising to 7000 officials of Iraq's criminal justice system, and, in October 2013, it was decided not to renew the mandate of EUAVSEC South Sudan. During 2013, preparations were ongoing to close EUPOL DRC in September 2014, while preserving and maintaining the achievements of the missions with a long-term package of activities, conducted in partnership with the DRC authorities, using available EU instruments and resources.

    "The EU Police Mission in Afghanistan (EUPOL Afghanistan) continued to support Afghan counterparts, in close cooperation with international partners. The draw-down of the international military presence in Afghanistan led to the reduction of EUPOL's presence outside Kabul. In 2013, work was also ongoing on plans to downsize EULEX Kosovo — the number of staff will decrease from 1250 to 800 by October 2014 and it will increase its focus on the north of the country. Mandate renewals took place for EUMM Georgia, EUCAP Nestor in the Horn of Africa, EUCAP Sahel Niger and the two missions in Palestine, EUPOL COPPS and EUBAM Rafah."

Previous Committee Reports: None, but see: (35266), —: Thirteenth Report HC 83-xiii (2013-14), chapter 49 (4 September 2013).


31   PSC; the committee of ambassador-level officials from national delegations who, by virtue of article 38 TEU, under the authority of the High Representative for Foreign Affairs and Security Policy (HR) 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. Back

32   For the full text of the Council Conclusions on the Comprehensive Approach, see pp17-21 at

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/142563.pdf Back

33   See (33569), 18821/11: Fifth Report HC 219-v (2014-15), chapter 6 (2 July 2014). Back

34   That discussion is set out fully in the previous Committee's Report on the 2008 CFSP Report: see (30691) 10665/09: Twenty-third Report HC 19-xxi (2008-09), chapter 7 (24 June 2009). Back

35   For the relevant Council Conclusions, see pp1-11 at http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/ec/140245.pdf Back


 
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