14 EU civilian CSDP mission in Ukraine
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny
|
| Document details | Council Decision on the European Union civilian CSDP mission in Ukraine
|
| Legal base | —
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| Department | Foreign and Commonwealth Office
|
Summary and Committee's conclusions
14.1 The proposed Council Decision seeks to establish a civilian
Common Security and Defence Policy (CSDP) mission in Ukraine.
14.2 The Minister for Europe (Mr David Lidington) notes that,
on 23 June 2014, EU Foreign Ministers agreed the mission's Crisis
Management Concept (CMC). The CMC is a conceptual framework document
describing CSDP activities which should be conducted, in order
to address a particular crisis within the EU's "comprehensive
approach"; broadly defines the overarching mandate and strategic
political objectives; within the European External Action Service
(EEAS), is prepared by the Crisis Management and Planning Directorate,
in consultation with the Member States and the EU's Civilian Planning
and Conduct Capability; and is the precursor to the EEAS proceeding
with operational planning activities — production of a budget,
Concept of Operations (CONOPS), an Operational Plan (OPlan).
14.3 The proposed civilian mission is expected to:
"mentor and advise relevant Ukrainian bodies
in the design and implementation of comprehensive and coherent
civilian security sector reform strategies, in a manner which
enhances legitimacy; increases public confidence; in full respect
for human rights and consistency with the constitutional reform
process."
14.4 Coordination with other actors in Ukraine —
particularly the OSCE, but also NATO, Council of Europe and bilateral
donors — will also be a priority, to ensure complementarity
and avoid duplication of efforts.
14.5 The draft Council Decision will legally establish
the mission within the parameters set by the CMC, including a
mission mandate for an initial duration of two years, with a strategic
review conducted after 12 months.
14.6 We are grateful to the Minister for having
kept the Committee so well informed since the formative stage
of this mission in April.
14.7 As he notes, this is but the first Council
Decision. In writing earlier to the Committee, he emphasised
the extent to which his officials have pressed for early circulation,
particularly as we approach the summer parliamentary recess.
14.8 However, a second Council Decision will be
required to launch the mission, and a third to detail the Status
of Mission Agreement (SOMA), which sets out the privileges and
immunities of mission personnel in Ukraine. We encourage the
Minister and his officials to continue to do so with regard to
these further Council Decisions.
14.9 Looking further ahead, the Minister notes
that a strategic review will take place after 12 months, which
will assess the mission's progress and performance and "inform
the mission's ability to reach full operating capability, including
the potential establishment of appropriate regional presences
across Ukraine". We look forward to receiving his promised
update at that time.
14.10 Before then, however, we note that that
he has:
"worked closely with EU Member States
during the planning process to ensure a realistic and time-limited
mandate at this initial stage, to avoid an open-ended CSDP commitment
in Ukraine while building in the flexibility we will need to effectively
support Ukraine's ongoing needs".
14.11 And that:
"Following the initial phase of the mission's
deployment, we expect more detail on benchmarking and [the] exit
strategy will be developed. Working closely with the OSCE
and other international actors — especially the European
Commission's state building contract — supporting Ukraine
will assist in this."
14.12 These are vital considerations: as we have
noted elsewhere, such strategic reviews tend to recommend a further
mandate, and the mission in question then develops a life of its
own, well beyond the initial duration. In the first instance,
the benchmarking exercise and development of the exit strategy
will be crucial. As of now, we are unfamiliar with what is meant
by "the European Commission's state building contract".
When he submits the next Council Decision, we should be grateful
if the Minister would provide an explanation.
14.13 Then, at a suitable stage after initial
deployment, we would like the Minister to update the Committee
on the "benchmarking and exit strategy" exercise.
14.14 In the meantime, we clear this Council Decision.
Full
details of the document:
Council Decision on the European Union civilian
CSDP mission in Ukraine:
(36207), —.
Background
14.15 The Minister wrote to the Committee both before
and after the 14 April Foreign Affairs Council (FAC) meeting about
a UK/Sweden/Poland proposal for a civilian capacity-building CSDP
Mission in support of Ukraine's reform agenda.
14.16 Re-establishing confidence in the rule of law
in Ukraine was, he said, vital for future stability; an important
part of which would be work to ensure a more robust policing and
justice system. The CSDP Mission would provide MMA support (monitoring,
mentoring and advising) and strategic advice to strengthen the
Ukrainian Government's reform agenda and help build a robust national
system in the medium to long-term. The Mission would complement
the work of other international partners including the OSCE Strategic
Police Matters Unit. While the Mission would primarily focus
on central government in Kyiv, it would also have a remit to work
in the regions, monitoring and providing advice on how to build
a robust national system in the medium to long-term: this would
provide a clearer idea of the pressures and challenges in the
regions, and give a greater understanding of what is happening
on the ground. It would also present a clear EU message of support
across the country. This would be a civilian mission only and
not involve any defence element.
14.17 The Minister's second letter notes that the
FAC had endorsed this proposal and asked the EEAS to deploy an
expert mission and elaborate options, including a possible CSDP
mission, so that the 12 May FAC could decide on further action.
14.18 À propos his underscoring of
the non-military nature of the possible CSDP mission, the Minister
provided some detail on the additional package of support to Ukraine's
defence and security sector agreed by NATO Foreign Ministers on
1 April, to which he referred in his first letter — more
advice and resources for defence reform to help make Ukrainian
forces more professional and effective; increasing the number
of Resident Defence Advisors in Kyiv; and advice on protecting
Ukraine's civil energy infrastructure. This, the Minister said,
would build on NATO's track record of helping countries develop
their own security and stability and NATO's long standing support
to Defence Capacity Building work in Ukraine.
14.19 The Minister then wrote again, before and after
the 24 June FAC, that it had:
· agreed
to establish the mission;
· approved
the Crisis Management Concept referred to in his previous letter;
· agreed
that operational planning could be pursued ahead of a decision
on next steps at the July Council and an early deployment of the
mission in the summer; and
· recalled
the importance of coordination and coherence with other EU efforts,
with the OSCE, and with other international actors.
14.20 The mission would have an initial mandate of
two years. Preparations had begun to recruit a Head of Mission
and members of the advance team. The advance team would be expected
to travel to Ukraine in July, in order to begin establishing initial
contact with Ukrainian and other EU and international actors in
order to promote strong coordination and cooperation. The Head
of Mission would be expected to take up post in August. Further
details of the mission's expected sequencing and budgetary requirements
would be confirmed as the operational planning process developed.
14.21 In response to the Committee's request for
further information on the Crisis Management Concept, and its
place in the planning process, the Minister explained:
· once
EU Foreign Ministers have agreed to consider a proposal to conduct
CSDP activities, they task the EEAS to develop a CMC, as an initial
planning tool to guide Ministers' political decision-making;
· the
CMC is a conceptual framework document describing CSDP activities
which should be conducted, in order to address a particular crisis
within the EU's comprehensive approach;
· the
CMC broadly defines the overarching mandate, as well as political
strategic objectives for CSDP engagement;
· within
the EEAS, it is prepared by Crisis Management and Planning Directorate,
in consultation with EU Member States and the EU's Civilian Planning
and Conduct Capability; and
· the
EEAS is now able to proceed with operational planning activities:
production of a budget, Concept of Operations (CONOPS), an Operational
Plan (OPlan).
The Minister's Explanatory Memorandum of 9 July
2014
14.22 The draft Council Decision will legally establish
the mission within the parameters set by the CMC.
The Government's view
14.23 The Minister says:
"Ukraine's future is important to UK and
EU interests. Ukraine's resource base, pre-eminently in energy
and agriculture, has the potential to contribute powerfully to
the development of a European region resilient to 21st
century threats to its stability, prosperity and competitiveness. If
Ukraine continues on its current course, it will not fulfil this
potential. We judge that a closer relationship with the European
Union is the best way to encourage an independent, successful
Ukraine. The Association Agreement, including a Deep and Comprehensive
Free Trade Area, signed by Ukraine on 21 March and 27 June 2014
was an essential milestone on this path. Ukraine's request to
the EU to deploy a CSDP mission in support of its civilian security
sector reform agenda represents another milestone.
"Under an interim president, the Ukrainian
government began a process of seeking to reunite the country underpinned
by the international community, particularly through the OSCE-mediated
National Dialogue. The Foreign Secretary visited Kyiv on 3 March
2014 to underline the UK's support for interim President Turchynov
and his government, and encourage them to create inclusive mechanisms
to address the issues in the east and south of the country.
"The Foreign Secretary visited again on
6-7 May, as the crisis in the east worsened, to reinforce these
messages and offer to help the government develop a strategy to
demonstrate commitment to working inclusively with all communities
and interest groups and building a better future for all. President
Poroshenko's decisive victory in the 25 May elections gives him
a strong mandate to move ahead. His proposed peace plan; his calling
for a ceasefire; and commitment to institutional reforms, have
been important steps forward. Although the ceasefire expired on
30 June, dialogue continues to identify credible, legitimate and
sustainable political solutions to the challenges facing Ukraine,
and we will continue to support President Poroshenko in their
implementation. The Ukrainian government has also begun taking
steps, using the military, to re-claim areas in the east such
as Slovyansk and Krematorsk. We are urging the government to ensure
that security operations are proportionate, measured, and do not
endanger civilians."
14.24 With regard to the proposed mission, the Minister
says:
"I believe the EU civilian capacity building
mission will provide an essential framework for President Poroshenko
to take forward the reforms that are essential to build a stable,
prosperous and democratic country, which is underpinned by respect
for human rights and the rule of law. Tackling corruption and
developing strong institutions will form a key part of this. Ukraine
must implement and sustain a comprehensive over-haul of civilian
security sector and rule of law institutions that have been eroded
by decades of corruption and weak governance. The UK has worked
closely with Poland and Sweden to ensure that the EU was ready
to assist Ukraine in delivering reforms of the security sector,
as a key contribution to President Poroshenko's reform agenda.
Building on lessons from previous missions, the UK sought to ensure
that initial planning was prudent in terms of mission size and
had a clear focus — which will be on strategic level advice
and targeted training to the civilian security sector, policing
and rule of law authorities. In particular, the UK pushed hard
for clear understanding of other EU instruments' likely contributions
to the rule of law sector in Ukraine, recognising the considerable
needs in this area and significant programmes by other actors,
notably the European Commission.
"Although there is more planning work to
be done within the EU, I am confident the civilian CSDP mission
will complement and amplify the support we have already provided
on a bilateral basis. The Department for International Development
has already pledged up to £10 million in technical assistance
to support the Ukrainian Government's ambitious reform programme,
focusing on good governance, public finance management, support
for elections and humanitarian assistance. The UK helped ensure
that the Ukrainian presidential elections were free and fair,
contributing 100 election observers to the OSCE ODIHR Election
Observation Mission. We have also pledged over £1.5 million
to the core costs of the OSCE Special Monitoring Mission. In April,
we hosted in London the Ukraine Forum for Asset Recovery aimed
at recovering funds expropriated by the previous administration
in Ukraine.
14.25 With regard to the Financial implications,
the Minister says:
"This EM only covers the initial start-up
costs for the civilian mission for the period from July-October
2014. The details of the full mission costs and UK contribution
were unconfirmed at the time this EM was submitted, as full operational
planning had yet to begin and recruitment of international staff
from EU Member States including the UK had only just got underway.
"Common Costs — The common costs
— i.e. those costs that are shared among all 28 Member States
commensurate with their GNI scale — for this initial mission
are assessed at €2.68m until October 2014.
"Nation Borne Costs — A large proportion
of the cost of the civilian CSDP mission will be borne by the
nations contributing personnel. Nation borne costs in this case
would involve personnel and other costs of those deploying, including
salary and pension contributions."
14.26 On the Timetable, the Minister says:
"The details of this draft Council Decision
may change slightly in the course of discussion between the 28
EU Member States, ahead of its expected adoption at the Foreign
Affairs Council on 22 July 2014. We recognise this compresses
the timetable for scrutiny in light of the forthcoming recess,
and have endeavoured to give Committees as clear a picture as
possible of the conceived mission by providing regular updates
as discussions evolved within the EU. We hope sharing this early
version of the draft Decision will sufficiently inform the Committees'
consideration of the civilian mission, and allow the UK to join
consensus at the July Foreign Affairs Council."
14.27 In terms of next steps, the Minister:
· confirms
that an advance team comprised of international staff from the
EU Member States will travel out to Ukraine in July, to lay the
foundations for the main mission, by establishing headquarters
in Kyiv, and making initial contact with Ukrainians and other
EU and international actors;
· explains
that the advance team will also feed into the operational planning
which is underway to develop "a robust Concept of Operations
(CONOPs), Operational Plan (OPlan) and budget"; and
·
the larger core team discussed in the draft Council Decision will
replace the advance team, deploying in September after the mission
has been formally launched.
14.28 The Minister goes on to note that a second
Council Decision will be required to launch the mission, and a
third to detail the Status of Mission Agreement (SOMA), and set
out the privileges and immunities of mission personnel in Ukraine.
He also notes that this may come before the Committee for scrutiny
after the mission has started to deploy; but says that the absence
of a SOMA does not prevent personnel from being deployed into
Ukraine — "temporary arrangements can be put in place".
The Foreign and Commonwealth Office will, he also says, retain
Duty of Care responsibilities for British nationals recruited
into the CSDP mission by FCO contract.
14.29 Looking further ahead, the Minister says:
"A strategic review will take place after
12 months, at which time we would update the Committees on the
mission's progress and performance. The strategic review is also
expected to inform the mission's ability to reach full operating
capability, including the potential establishment of appropriate
regional presences across Ukraine.
"The UK worked closely with EU Member States
during the planning process to ensure a realistic and time-limited
mandate at this initial stage, to avoid an open-ended CSDP commitment
in Ukraine while building in the flexibility we will need to effectively
support Ukraine's ongoing needs. Following the initial phase of
the mission's deployment, we expect more detail on benchmarking
and [the] exit strategy will be developed. Working closely with
the OSCE and other international actors — especially the
European Commission's state building contract — supporting
Ukraine will assist in this."
Previous Committee Reports
None.
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