Documents considered by the Committee on 16 July 2014 - European Scrutiny Committee Contents


14 EU civilian CSDP mission in Ukraine

Committee's assessment Politically important
Committee's decisionCleared from scrutiny
Document detailsCouncil Decision on the European Union civilian CSDP mission in Ukraine
Legal base
DepartmentForeign 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

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