13 EU civilian CSDP mission in Ukraine
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny (decision reported on 16 July 2014)
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| Document details | Council Decision authorising the European Union civilian CSDP mission in Ukraine (EUAM Ukraine) (36207), —
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| Legal base | Articles 28, 42(4) and 43(2) TEU; unanimity
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| Department | Foreign and Commonwealth Office
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Summary and Committee's conclusions
13.1 On 16 July the Committee cleared a draft Council
Decision to establish a civilian CSDP mission in Ukraine, for
an initial duration of two years and with a strategic review conducted
after 12 months. The Council Decision was adopted at the 22 July
Foreign Affairs Council, when the mission was named the "EU
Advisory Mission for civilian security sector reform" (EUAM).
13.2 The 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."[36]
13.3 The Minister for Europe (Mr David Lidington)
noted that co-ordination with other actors in Ukraine —
particularly the OSCE, but also NATO, Council of Europe and bilateral
donors — would be a priority, to ensure complementarity
and avoid duplication of efforts. He highlighted the importance
in this regard of the European Commission's "state building
contract". The Committee asked him to explain what this was.[37]
13.4 The Minister now says that the State Building
Contract is a major part of the €11 billion international
support package to Ukraine, and will provide short-term budgetary
assistance to the Government of Ukraine through support to improved
governance, anti-corruption, and reforms of the judiciary and
public administration — all of which is, he says, an integral
part of the Association Agreement/Deep and Comprehensive Free
Trade Area.[38]
13.5 The Minister also explains that, on 13 May,
the Commission and the Ukrainian government signed a €355
million programme aimed at supporting the Government of Ukraine
in addressing short-term economic problems which have weakened
institutions, and contributing to Ukraine's long-term reforms
and preparation for political and economic association with the
EU — subject to progress in reforms in several areas; and
that, on 13 June, the Commission announced the disbursement of
the first tranche of €250 million.
13.6 We thank the Minister for his clarification,
which enables us to see more clearly how the new mission is intended
to fit into the wider reform agenda agreed between the EU and
Ukraine.
13.7 We now look forward to receiving the next
Council Decision, on launching the mission.
Full details of the documents:
Council Decision on the European Union civilian CSDP mission in
Ukraine: (36207), —.
Background
13.8 The Minister for Europe first wrote to the Committee
before the 14 April Foreign Affairs Council (FAC) meeting about
a UK/Sweden/Poland proposal for a civilian capacity-building Common
Security and Defence Policy (CSDP) Mission in support of Ukraine's
reform agenda. 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.
13.9 The CSDP Mission would provide MMA support (monitoring,
mentoring and advising) and strategic advice. 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.
13.10 The Minister also noted that, building on lessons
from previous missions, he had sought to ensure that: initial
planning was prudent in terms of mission size; the mission had
a clear focus — strategic level advice and targeted training
to the civilian security sector, policing and rule of law authorities;
and that it embodied a clear recognition of the considerable needs
in this area and significant programmes by other actors, and a
clear understanding of other EU instruments' likely contributions,
to the rule of law sector in Ukraine, notably the European Commission's.
13.11 Looking further ahead, the Minister noted that:
— a strategic review would take place after
12 months, when he would update the Committee on the mission's
progress and performance;
— the UK had 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
while building in sufficient flexibility to support effectively
Ukraine's ongoing needs;
— following the initial phase of the mission's
deployment, more detail on benchmarking and the exit strategy
would be developed; and
— working closely with the OSCE and other
international actors supporting Ukraine will assist in this -
especially the European Commission's state building contract.[39]
The Minister's letter of 28 August 2014
13.12 In response to the Committee's request for
clarification of the last tiret above, the Minister says:
"On 29 April 2014, the European Commission
adopted a €355 million package aimed at supporting Ukraine's
reform agenda, by boosting the role of civil society, as well
as promoting and monitoring democratic reforms and inclusive socio-economic
development in Ukraine. The overarching goal of the package was
to support the Government of Ukraine in addressing short-term
economic problems which have weakened institutions, and contribute
to Ukraine's long-term reforms and preparation for political and
economic association with the EU. The programme was conditional,
subject to progress in reforms in several areas: anti-corruption,
public administration, constitutional reform, electoral legislation
and justice reform. The Commission and the Ukrainian government
signed the programme on 13 May, and on 13 June, the Commission
announced the disbursement of the first tranche of €250 million.
"The State Building Contract is a major
part of the €11 billion international support package to
Ukraine, and will provide short-term budgetary assistance to the
Government of Ukraine through support to improved governance,
anti-corruption, and reforms of the judiciary and public administration.
These reforms are an integral part of the Association Agreement/Deep
and Comprehensive Free Trade Area."[40]
13.13 With regard to the next steps, the Minister
says:
"I have encouraged my officials to stay
in close contact with the European External Action Service (EEAS)
and Civilian Planning and Conduct Capability (CPCC), on the status
of mission operational planning. As before, my officials will
continue to press for early circulation of information on all
aspects of the civilian mission, as well as the second draft Council
Decision for your due consideration. At an appropriate moment,
we will provide the information on the benchmarking and exit strategy
exercise that you have requested."
13.14 More generally, the Minister says:
"the situation on the ground in Ukraine
continues to cause serious concern. The Prime Minister and the
Foreign Secretary have been in contact with President Poroshenko
and Foreign Minister Klimkin to underline the UK's support for
Ukraine and encourage them in their efforts to pursue a diplomatic
solution to the current unrest. We will continue to raise Ukraine
at international meetings with our allies, and maintain our pressure
on Russia to cease supplying the separatists with weapons, withdraw
its troops, weapons and vehicles already in Ukraine, and commit
to a negotiated solution."
Previous Committee Reports
Eighth Report HC 219-viii (2014-15), chapter 14
(16 July 2014); also see Nineteenth Report HC 83-xviii (2013-14),
chapter 5 (23 October 2013).
36 See paras 13.5-13.11 below for further details Back
37
See Eight Report HC 219-viii (2014-15), chapter 14 (16 July 2014). Back
38
The Association Agreement is the first agreement based on political
association between the EU and any of the Eastern Partnership
countries, and is unprecedented in its breadth (number of areas
covered) and depth (detail of commitments and timelines). The
key parts focus on support to core reforms, economic recovery
and growth, and governance and sector cooperation in areas such
as energy, transport and environment protection, industrial cooperation,
social development and protection, equal rights, consumer protection,
education, youth, and cultural cooperation.
The Agreement also puts a strong emphasis
on values and principles: democracy and the rule of law, respect
for human rights and fundamental freedoms, good governance, a
market economy and sustainable development.
There will be enhanced cooperation in
foreign and security policy and energy.
It includes a Deep and Comprehensive
Free Trade Area, which will both open up markets and also address
competitiveness issues and the steps needed to meet EU standards
and trade on EU markets.
The Agreement also includes Justice,
Freedom & Security issues which also include provisions on
mobility. See http://eeas.europa.eu/top_stories/2012/140912_ukraine_en.htm
for full details. Back
39
See our Report at Eighth Report HC 219-viii (2014-15), chapter 14
(16 July 2014) for full information about the mission. Back
40
For the details of, and the Committee's consideration of, the
Association Agreement, see Nineteenth Report HC 83-xviii (2013-14),
chapter 5 (23 October 2013) and the subsequent European Committee
debate of 11 November 2013 (available at http://www.publications.parliament.uk/pa/cm201314/cmgeneral/euro/131111/131111s01.htm;
Gen Co Deb, European Committee B, 11 November 2013, cols
3-20). Back
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