Documents considered by the Committee on 15 October 2014 - European Scrutiny Committee Contents


1 Ukraine and Russia: EU restrictive measures

Committee's assessment Politically important
Committee's decisionNot cleared from scrutiny; for debate on the floor of the House (decision reported on 3 September): debate recommendation now rescinded
Document detailsFurther restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
Legal baseArticle 29 TEU; unanimity and Article 215 TFEU; QMV
DepartmentForeign and Commonwealth Office
Document numbers(a) (36262), (b) (36263), (c) (36264), (d) (36265)

Summary and Committee's conclusions

1.1 On 18 July 2014, the EU agreed to expand the listing criteria for Ukraine sanctions, allowing for the targeting of Russian nationals whose actions undermine the sovereignty and independence of the Ukraine — which, as the Minister for Europe (Mr David Lidington) put it, "now allows the EU to target individuals and entities with close ties to Vladimir Putin". Eight such individuals were listed under these expanded measures on 30 July 2014, and three entities.

1.2 In addition to these new listings, the Council agreed on 29 July a package of economic sanctions measures against Russia, which came into effect on 1 August 2014 and will remain in place until 31 July 2015, with an initial review of measures due no later than 31 October 2014. Prohibitions encompass:

—  the export to and import from Russia of arms and related material of all types, including Dual-Use technology, and the provision of related technical or financial assistance;

—  the export of technologies and related technical or financial assistance for deep water oil exploration or production, arctic oil exploration or production and shale gas projects in Russia; and

—  the direct or indirect purchase or sale of bonds, equity or similar financial instruments with a maturity exceeding 90 days, and issued after 1 August 2014, if involving a major credit or finance development institution established in Russia with over 50% public ownership or control, or involving any legal person, entity or body acting on behalf of, or owned outside the Union more than 50% by, certain organisations.

1.3 The Minister said that, although the practical impact of these measures could not yet be assessed, they sent the message that the UK and the EU would not accept the efforts of Russia to destabilise and undermine the sovereignty of the Ukraine. The additional listings sought to target individuals and entities close to Vladimir Putin, in a bid to increase the pressure on those with influence at the top. The embargo would ensure that the EU played no inadvertent role in facilitating the supply of goods which could contribute to Russia's efforts to support separatists in the Ukraine. The areas of the embargo targeting shale gas projects and oil exploration & production would ensure that the long-term development of Russia's oil sector was slowed by the denial of vital technology from the EU and other countries imposing similar measures. The financial measures were designed to raise the cost of borrowing in Russia, for state corporations and others.[1]

1.4 When it considered these measures on 3 September, the Committee noted a number of wider considerations driving EU policy that had not been mentioned by the Minister in his Explanatory Memorandum, and also the absence of any mention of the widespread discussion of how the Western alliance as a whole should respond, which would plainly be the focal points of the NATO Summit that was to be held in Wales later that week, on 4-5 September.

1.5 We accordingly recommended that these latest EU measures be debated on the floor of the House as soon as possible, and certainly no later than immediately after the House returns from the conference recess, and that this debate should also be used to examine what other measures have been agreed or are in prospect in the aftermath of that Summit.[2] On 10 September, a debate was held on the floor of the House on Ukraine, Middle East, North Africa and Security.[3]

1.6 Given that these measures have now been overtaken by the further measures announced on 11 September,[4] we rescind our previous debate recommendation. We report separately on the latest measures, and on the latest developments in the EU-UK Association Agreement, elsewhere in this Report.

1.7 We again draw this chapter of our Report to the attention of the Foreign Affairs Committee.

Full details of the documents: Council Decision 2014/508/CFSP of 30 July 2014 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine: (36262),—; Council Implementing Regulation (EU) No. 826/2014 of 30 July 2014 implementing Regulation (EU) No. 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine: (36263),—; Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine: (36264), —; Council Regulation (EU) No. 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine: (36265), —.

Background

1.8 The full background is set out in our previous Report.[5]

Previous Committee Reports

Eleventh Report HC 219-xi (2014-15), chapter 1 (3 September 2014): also see (36028) —, (36029) — and (36030) —: First Report HC 219-i (2014-15), chapter 28 (4 June 2014); also see (35905) — and (35906) — : Forty-seventh Report HC 83-xlii (2013-14), chapter 23 (30 April 2014) and Forty-fifth Report HC 83-xl (2013-14), chapter 5 (2 April 2014); also see (35880) — and (35881) —: Forty-fourth Report HC 83-xxxix (2013-14), chapter 3 (26 March 2014) and (35848) — and (35849) —: Fortieth Report HC 83-xxxvii (2013-14), chapter 1 (12 March 2014).


1   See the "Background" section of our Eleventh Report for details. Also see "EU formally adopts additional restrictive measures against Russia" at http://www.european-council.europa.eu/home-page/highlights/additional-restrictive-measures-against-russia?lang=en. Back

2   See Eleventh Report HC 219-xi (2014-15), chapter 1 (3 September 2014). Back

3   See Hansard 10 September 2014, cols. 913-1013 for the record of the debate; also available at http://www.publications.parliament.uk/pa/cm201415/cmhansrd/cm140910/debtext/140910-0001.htm#14091032000002. Back

4   For details, see http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/144868.pdf. Back

5   See Eleventh Report HC 219-xi (2014-15), chapter 1 (3 September 2014). Back


 
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