10 EU civilian CSDP mission in Ukraine:
launch and status of mission
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny; relevant to the floor of the House debate already recommended on the EU-Ukraine Association Agreement;[35] further information requested
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| Document details | Council Decisions on the status of and authorising the launch of European Union civilian CSDP mission in Ukraine (EUAM Ukraine)
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| Legal base | Articles 37 TEU 218(5) and 218(6) TFEU; unanimity;
Articles 28, 42(4) and 43(2) TEU; unanimity
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| Department
Document numbers
| Foreign and Commonwealth Office
(36430), —; (36435) —
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Summary and Committee's conclusions
10.1 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).
10.2 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]
10.3 The Minister for Europe (Mr David Lidington)
noted that co-ordination with other actors in Ukraine —
particularly the OSCE, but also NATO, the 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" (see paragraphs 10.16-10.21 below for further details).
10.4 These further Council Decisions authorise:
— the signing and conclusion of a Status
of Mission Agreement (SOMA) negotiated between the European Union,
under the authority of the High Representative, and the Government
of Ukraine on the status of EUAM Ukraine; and
— authorise its launch, together with a
budget from 1 December 2014 to 30 November 2015 is €13,350,000.
10.5 The SOMA is designed to set out a clear and
binding understanding between the Government of Ukraine and the
EU on the status of the mission and its personnel. The agreement
covers issues such as the security of personnel and the privileges
and immunities of personnel. The Minister for Europe (Mr David
Lidington) considers that this will ensure that EUAM Ukraine will
be able to operate more effectively by reducing practical obstacles
to its activities in country (see paragraphs 10.22-10.24 below
for full details).
10.6 Having authorised mission in Council Decision
2014/486/CFSP of 22 July 2014, on 20 October 2014 the Council
approved the Operation Plan and decided that, following the recommendation
of the Civilian Operation Commander and the achievement of Initial
Operational Capability, the Mission should be launched on 1 December
2014.
10.7 The Minister says that EUAM Ukraine will focus
on two core themes during its two-year mandate: Advice on Strategic
Security Sector Reform (SSR); and Coordination and Cooperation
to further the EU's application of the Comprehensive Approach.
10.8 EUAM Ukraine will apply a structured process
to report and inform on the mission's performance and progress
in implementing the mandate. A comprehensive assessment will be
undertaken at the time of the strategic review, which will take
place after the first year of the mandate.
10.9 The Minister goes on to describe the desired
end state of the mission as when:
— a Ukraine-led strategic level civilian
SSR Vision and Strategy for its implementation has been agreed,
including a clear and agreed delineation of competencies and tasks;
— Ukrainian authorities have designed a
vetting process for its security sector;
— Ukrainian authorities have started implementing
the reforms according to an agreed Road Map and Implementation
plan drawn from the planning; and the mission acts with other
EU instruments in a comprehensive and targeted manner; delineations
of competence between EU and international partners are agreed.
10.10 As the mission nears completion, and following
a comprehensive assessment of progress, it will be in a position
to scale down activities. Timelines for that process will depend
on the ability of EU instruments, Member States and donors to
support the needs of the security sector at that time. The Minister
says that he will ensure that the transition process is timely
and managed effectively (see paragraphs 10.27-10.34 below for
full details).
10.11 On the wider political context, 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;
— the Government and the EU are committed
to upholding Ukraine's territorial integrity and sovereignty following
Russia's illegal annexation of Crimea and incursions and support
for the separatists in the Donetsk and Luhansk oblasts (regions)
of eastern Ukraine;
— the situation in eastern Ukraine remains
fragile; the ceasefire, agreed on 5 September as part of the Minsk
Protocol, is just about holding despite continued violations;
— a closer relationship with the EU is
the best way to encourage an independent and successful Ukraine;
— ratification by the Government of Ukraine
of the Association Agreement sent a strong signal of continued
commitment despite Russian pressure;
— parliamentary elections will take place
on 26 October 2014: an important milestone for Ukraine's commitment
to democracy;
— against this backdrop, "we must
ensure EUAM Ukraine is able to deliver its mandate effectively,
in support of the Government of Ukraine's implementation of a
comprehensive over-haul of the civilian security sector and rule
of law institutions".
10.12 We are grateful to the Minister for his
and his officials' endeavours to ensure the timely submission
of these important draft Council Decisions. We hope that they
are able to ensure that this is sustained across the board under
the new High Representative.
10.13 We consider these developments relevant
to the debate that we have already recommended on the floor of
the House on the EU-Ukraine Association Agreement, and accordingly
recommend that this chapter of our Report is "tagged"
to that debate — a debate that, because of the very considerable
importance of the crisis, we again urge the Government to organise
as soon as possible.
10.14 As the Minister notes, the situation in
eastern Ukraine remains fragile: with over 1,400 Ukrainian soldiers
already dead or missing, not only is the ceasefire undergoing
continued violations; the Russian-backed separatists in the Donetsk
and Luhansk oblasts are boycotting the 26 October elections and
endeavouring to organise their own on 2 November, and some three
million people in these two eastern regions ravaged by conflict
did not vote. As the BBC's Kiev correspondent, David Stern, put
it on 27 October, as the preliminary election results emerged:
"Ukraine's parliamentary elections potentially
could completely transform the country's political landscape.
The question is, in what way.
"Already this is shaping up to be the
most pro-Western legislature in the country's post-independence
history. Former heavy hitters, like former President Viktor Yanukovych's
Party of Regions and the Communist Party, have been sidelined.
"But even if the majority of the parties
are pro-Western, it does not necessarily mean they're unified.
Ukraine's political culture is notoriously fractious. And the
issues facing the country, such as how to enact reform, battle
corruption or fight the war in the east, will provide fertile
ground for disagreement.
"Within the parties themselves there
are a number of question marks — especially among the numerous
war heroes and battalion commanders who populate the candidate
lists. Though their battlefield bravery is not in doubt, their
political views are not entirely clear. Where they stand on the
problems the country faces remains to be seen".[37]
10.15 We presume that it is these uncertainties
that the Minister has in mind when he says that, as well as providing
the Committee with an update at that time when the comprehensive
assessment is undertaken at the time of the strategic review,
he may write earlier "should there be any significant developments".
10.16 In any event, we would like the Minister
to write to us no later than 27 November, in order to update the
Committee on the political situation then pertaining — particularly
regarding the formation of a new government and his assessment
of the nature of the new parliament and the capacity of the two
institutions to work together — and to confirm that it is
the view of the Operational Commander at that time that Initial
Operational Capacity has been reached and that the Mission can
and should be effectively deployed on 1 December.
10.17 In the meantime, we clear these draft Council
Decisions.
Full details of the documents:
(a) Council Decision concerning the signing and conclusion of
the Agreement between the European Union and Ukraine on the status
of the European Union Advisory Mission for Civilian Security Sector
Reform Ukraine (EUAM Ukraine): (36430), —; (b) Council Decision
launching the European Union Advisory Mission for Civilian Security
Sector Reform Ukraine (EUAM Ukraine) and amending Decision 2014/486/CFSP:
(36435), —.
Background
10.18 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.
10.19 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.
10.20 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.
10.21 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.[38]
The Minister's letter of 28 August 2014
10.22 In response to the Committee's request for
clarification of the last tiret above, the Minister wrote to explain
that in April the Commission had 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. He also explained 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 — reforms that are, he said, an integral
part of the Association Agreement/Deep and Comprehensive Free
Trade Area.[39]
10.23 With regard to the next steps, the Minister
had encouraged his 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, his officials would continue to press for
early circulation of information on all aspects of the civilian
mission, as well as the second draft Council Decision for the
Committee's due consideration; and, at an appropriate moment,
would provide the information on the benchmarking and exit strategy
exercise that the Committee had already requested.[40]
The further Council Decisions:
Status of Mission Agreement
10.24 Council Decision 2014/486/CFSP of 22 July 2014,
establishing EUAM Ukraine, provided that an agreement would be
concluded on the status of the Mission and its staff, including
the privileges, immunities and further guarantees necessary for
the completion and smooth functioning of the mission.
10.25 In his Explanatory Memorandum of 21 October
2014, the Minister for Europe (Mr David Lidington) welcomes this
Council Decision, which he says is "in the standard form
that we have seen from previous agreements and will be signed
by the High Representative for Foreign and Security Policy and
the Ukrainian Foreign Minister". It sets out the rights and
obligations of the European Union and the Government of Ukraine
and includes the following provisions:
· Identification
· Border Crossing and Movement within Ukraine's
Territory
· Privileges and Immunities of EUAM Ukraine
Granted by the Host State
· Privileges and Immunities of EUAM Ukraine
Personnel Granted by the Host State
· Personnel Employed Locally
· Criminal Jurisdiction
· Security
· Uniform
· Cooperation and Access to Information
· Host State Reporting and Contracting
· Deceased EUAM Ukraine Personnel
· Communications
· Claims for Death, Injury, Damage and Loss
· Liaison and Disputes
· Other Provisions
· Implementing Arrangements
· Entry into Force and Termination
10.26 The Minister professes himself content with
the terms of this agreement.
The Government's view
10.27 The Minister comments on the general context
as follows:
"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. We judge
that a closer relationship with the European Union is the best
way to encourage an independent and successful Ukraine. The Government
of Ukraine has now ratified the Association Agreement, sending
a strong signal of continued commitment despite Russian pressure.
Parliamentary elections will take place on 26 October 2014, and
local elections are scheduled for 7 December 2014. These are important
milestones for Ukraine's development of a political framework
underpinned by principles of accountability; good governance;
inclusivity; respect for human rights and the rule of law. Against
this backdrop, and taking into account the continued uncertainty
of the outcomes of Presidents Poroshenko and Putin's political
discussions, we must ensure EUAM Ukraine is able to deliver its
mandate effectively, in support of the Government of Ukraine's
implementation of a comprehensive over-haul of the civilian security
sector and rule of law institutions."
10.28 With regard to the Mission, the Minister says:
"As the decision by EU Foreign Ministers
to establish EUAM Ukraine was taken in direct response to the
unfolding crisis in eastern Ukraine, operational planning for
the Mission has had to be undertaken prudently and pragmatically,
and in real-time, against a fluid political and operational landscape.
The deployment of the advance team (also described as the 'Crisis
Response Team') to Ukraine in July, while parallel recruitment
was undertaken for a Head of Mission, Deputy Head of Mission,
and core Mission staff, represented one aspect of this pragmatic
approach. The decision to enter into, and conclude, early negotiations
with the Government of Ukraine on EUAM's SOMA as well as adopt
the subsequent Council Decision, represents another pragmatic
decision.
"Given that Mission staff have already been
operating in Ukraine since the summer, we consider it important
that those staff are given appropriate protection and guarantees,
and that the EU and Government of Ukraine are clear on their respective
obligations from the outset of the fledgling mission."
LAUNCHING THE MISSION
10.29 Having adopted Decision Council 2014/486/CFSP
on 22 July 2014, on 20 October 2014 the Council approved the Operation
Plan and decided that, following the recommendation of the Civilian
Operation Commander and the achievement of Initial Operational
Capability, EUAM Ukraine should be launched on 1 December 2014.
10.30 In his second Explanatory Memorandum, of 23
October 2014, the Minister says that as the negotiations for the
SOMA were conducted concurrently to the negotiations and development
of the Operational Plan, and the political and operational environment
remains fluid and unpredictable, he thought it important to deposit
both draft Council Decisions as soon as his officials "took
receipt of early copies from the EEAS", and "provide
Parliamentary colleagues with as much time as possible to consider
the documents against the increasingly complex political context
in which they are situated".
10.31 He also says:
"My officials have regularly emphasised to EU
Member States, the EEAS and operational planners in Brussels the
importance and criticality of the UK Parliamentary Scrutiny process,
and have set out in detail the process of our Scrutiny timetable
with EU partners."
The Government's view
10.32 On the political context, the Minister says:
"The UK and the European Union (EU) are
committed to upholding Ukraine's territorial integrity and sovereignty
following Russia's illegal annexation of Crimea and incursions
and support for the separatists in the Donetsk and Luhansk oblasts
(regions) of eastern Ukraine. The situation in eastern Ukraine
remains fragile. The ceasefire, agreed on 5 September as
part of the Minsk Protocol, is just about holding despite continued
violations.
"We judge that a closer relationship with
the European Union is the best way to encourage an independent
and successful Ukraine. The Government of Ukraine has now ratified
the Association Agreement, sending a strong signal of continued
commitment despite Russian pressure. Parliamentary elections will
take place on 26 October 2014. This is an important milestone
for Ukraine's commitment to democracy. Against this backdrop,
we must ensure EUAM Ukraine is able to deliver its mandate effectively,
in support of the Government of Ukraine's implementation of a
comprehensive over-haul of the civilian security sector and rule
of law institutions."
10.33 Turning to EUAM Ukraine, the Minister says:
"As the decision by EU Foreign Ministers
to establish EUAM Ukraine was taken in direct response to the
unfolding crisis in eastern Ukraine, all aspects of operational
planning for the Mission have had to be undertaken prudently and
pragmatically, and in real-time, against a fluid political and
operational landscape. This pragmatic approach, already mentioned
above, dates back as far as the deployment of the advance team
(also described as the 'Crisis Response Team') to Ukraine in July
2014, while parallel recruitment was undertaken for a Head of
Mission, Deputy Head of Mission, and core Mission staff. The advance
team was comprised of international staff contributed by EU Member
States. It was intended to lay the foundations for the main mission
by identifying, and making contact with, key stakeholders within
Ukrainian authorities and international actors working in Ukraine,
particularly the OSCE, UN and NATO. A secondary but equally constructive
outcome of the advance team's presence was the ability to feed
in to the operational planning process, which resulted in the
Operational Plan, and the attached draft Council Decision."
10.34 The Minister then says that the Operational
Plan is necessarily Confidential, but describes the key points
as follows:
"EUAM Ukraine will focus on two core themes
during its two-year mandate: Advice on Strategic Security Sector
Reform (SSR); and Coordination and Cooperation to further the
EU's application of the Comprehensive Approach.
"SSR
"The aim of this work is to support development
of: a credible, coherent and agreed and published SSR Vision and
Strategy for reform of the civilian security sector that includes
clear and agreed delineation of competencies, tasks and responsibilities
and principles for inter-institutional coordination and cooperation
mechanisms among the different actors of the sector, based on
the Rule of Law, democratic governance, accountability and respect
for human rights, gender and minorities; provision of sufficient
resources to enable implementation of the SSR strategy; effective
dissemination of the vision, strategy and implementation plans
to the public and relevant public employees; development of a
credible anti-corruption mechanisms; implementation of an effective
vetting system for SS institutions; establishment of working groups
to improve working relations, trust and understanding between
institutions and civil society; and credible and transparent complaint
mechanisms. To achieve these objectives, EUAM will advise, mentor
and support relevant Ukrainian authorities and civil society in
the development and implementation of applicable strategies, plans
and mechanisms.
"COORDINATION AND COOPERATION
"This work stream will seek to ensure the right
amount of cooperation and coordination to enable and effective
reform process. This will help and contribute towards the value
adding impact of projects implemented under other EU instruments
and complementing them towards an overarching SSR reform process
through mutual cooperation and coordination with the EU Delegation
and the international donor community; optimise international
assistance and ensure synergy and complementarity whilst avoiding
overlapping and maintaining the decision making autonomy of the
EU; establish inter-institutional coordination and cooperation
within the Ukrainian internal security system in order to maintain
its cohesion from a civilian perspective. Critical to success
will be the establishment and continuation of effective and regular
coordination and information exchanges with key stakeholders such
as the OSCE, NATO EU member states and relevant bilateral and
international entities.
"MONITORING & BENCHMARKING
"EUAM Ukraine will apply a structured process
to report and inform on the mission's performance and progress
in implementing the mandate. A comprehensive assessment will be
undertaken at the time of the strategic review, which will take
place after the first year of the mandate. I will provide the
Committee with an update at that time, but may write earlier should
there be any significant developments. Benchmarking will help
measure progress and outcomes by comparing the situation (an initial
baseline) for a range of activities, against their evolution at
given points using pre-defined indicators and means of verification.
Information on progress will then be used to facilitate tactical,
operational and strategic policy adjustments, as required.
"My officials have played an active role in
the formulation of the benchmarking detail to ensure that monitoring
will be suitably robust and meaningful.
"EXIT STRATEGY
"The desired end state of the mission is when
a Ukraine-led strategic level civilian SSR Vision and Strategy
for its implementation has been agreed, including a clear and
agreed delineation of competencies and tasks; Ukrainian authorities
have designed a vetting process for its security sector; Ukrainian
authorities have started implementing the reforms according to
an agreed Road Map and Implementation plan drawn from the planning;
and the mission acts with other EU instruments in a comprehensive
and targeted manner; delineations of competence between EU and
international partners are agreed.
"As the mission nears completion, and following
a comprehensive assessment of progress, it will be in a position
to scale down activities. Timelines for that process will depend
on the ability of EU instruments, Member States and donors to
support the needs of the security sector at that time. We will
ensure that the transition process is timely and managed effectively."
10.35 With regard to the Mission Budget, the
Minister provides an overview of the proposed eight-month budget
within the table at the Annex to this chapter of our Report, which
he says includes figures for the current four-month budget, for
ease of reference. Should the figures in the final version of
the Council Decision differ from those in the table, the Minister
undertakes to write to the Committee with a revised breakdown
accordingly.
- Finally, the Minister says that this draft Council
Decision is expected to be adopted at the 17 November 2014 Foreign
Affairs Council but that, to give certainty to the mission, which
he would support, he would appreciate early consideration by the
Committee to enable adoption of the Council Decision in November.
35 See (36361), 13519/14: Thirteenth Report, HC 219-xiii,
chapter 4 (15 October 2014). Back
36
See Eighth Report HC 219-viii (2014-15), chapter 14 (16 July 2014). Back
37
See http://www.bbc.co.uk/news/world-europe-29772078. Back
38
See our previous Report at Eighth Report HC 219-viii (2014-15),
chapter 14 (16 July 2014) for full information about the mission. Back
39
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) and also (36361), 13519/14: Thirteenth Report, HC 219-xiii,
chapter 4 (15 October 2014), which we have recommended be debated
on the floor of the House. Back
40
See Twelfth Report HC 219-viii (2014-15), chapter 13 (10 September
2014). Back
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