Documents considered by the Committee on 3 December 2014 - European Scrutiny Committee Contents


11 EU and Georgia: EU Monitoring Mission

Committee's assessment Politically important
Committee's decisionCleared from scrutiny; further information requested
Document detailsCouncil decision on further mandate for the EU Monitoring Mission in Georgia
Legal baseArticles 28, 42(4) and 43(2) TEU; unanimity
DepartmentForeign and Commonwealth Office
Document numbers(36522), —

Summary and Committee's conclusions

11.1 The EU Monitoring Mission in Georgia (EUMM Georgia) was first established in 2008 in the immediate aftermath of the Russia-Georgia conflict, as part of the so-called Sarkozy-Medvedev Agreements of 12 August and 8 September 2008. Following that conflict, Russia recognised Abkhazia (ABK) and South Ossetia (SO) as independent, provoking the worst crisis between Moscow and the West since the ending of the Soviet Union.

11.2 The previous and present Committee's initial and further consideration of EUMM Georgia is fully summarised in our Report of 5 September 2012 and detailed in the others referred to therein.[57]

11.3 The Mission's main tasks are Stabilisation, Confidence Building, Normalisation and advice regarding EU Policy. At least 200 monitors uphold the political commitment that the EU gave to provide a credible, visible and effective monitoring presence along the Administrative Boundary Lines (ABL). The EU has continued throughout this period to push for EUMM to have access to the breakaway regions, but the authorities in ABK and SO have yet to agree.

11.4 This draft Council Decision proposes the renewal of the EUMM mandate for two years from 16 December 2014 until 15 December 2016 as well as setting out just over €18 million of funding for this period (a reduction of c. €3,000,000). This Decision makes no significant changes to the mandate of the mission.

11.5 The Minister for Europe (Mr David Lidington) supports this further extension, which stems from a European External Action Service (EEAS) strategic review, the main conclusion of which was that EUMM Georgia's position as the only international actor on the ground is now all the more important, given the wider political context of Russia's actions in Ukraine/Crimea. He says that renewing the mandate would be an important signal of EU support to Georgia at a time when the country is concerned about the potential for punitive Russian actions against it. EUMM, he says, continues to play a vital role in stabilising and providing security to the region (e.g. successfully managing tensions last autumn in the period around the Presidential elections, and earlier this year ahead of and during the Sochi Winter Olympics) and in facilitating activities near the Administrative Boundary Lines by informing all parties in a timely, credible and reliable manner (see paragraphs 11.19-11.25 below for full details).

11.6 The Minister also again underlines the region's significance for the UK's prosperity and energy security goals: BP has a 25.5% stake in the Shah Deniz Consortium (SDC) and is the current operator of the Shah Deniz I gas field in Azerbaijan, one of the world's largest gas condensate fields; the SDC are looking to invest substantially to extend the field to supply gas to the EU and to expand the South Caucasus Pipeline (Azerbaijan-Georgia-Turkey); Georgia thus remains a vital transit route for Azerbaijani oil and gas.

11.7 On 24 November, Russia's President Putin and Abkhazia's leader signed, in Sochi, a "strategic partnership" agreement which (according to press reports) includes a grant of 5 billion roubles (€90 million) and easing requirements for Abkhazia's 240,000 residents to obtain Russian citizenship; and envisages a "joint defence and security space", stipulates Russian "protection of the state border of the Republic of Abkhazia with Georgia", and obliges Russia to facilitate "in every possible way" Abkhazia's international ties and promote its global recognition. Those same reports cite NATO Secretary-General Jens Stoltenberg as saying that this "so-called treaty" did not contribute to a peaceful and lasting settlement of the situation in Georgia, and that the Western alliance would not recognise it; and EU High Representative Federica Mogherini saying that the agreement violated Georgia's sovereignty and territorial integrity and was "detrimental to ongoing efforts to stabilise the security situation in the region."[58] Georgia's Foreign Minister is said to have denounced the move as having infringed Georgia's territorial integrity, as "a step towards annexation of Abkhazia by the Russian Federation", and as having "a negative impact on the security situation in Georgia's occupied territories as well as in the broader context of European security". Georgia's President, Georgy Margvelashvili, is also said to have called the agreement "absurd and illogical".[59]

11.8 Not surprisingly, there is now also speculation as to whether a similar move will be made with respect to South Ossetia.

11.9 The case for this further extension of EUMM's mandate would have been compelling without this latest development, which the Minister foresaw, but which had yet to be signed at the time of his Explanatory Memorandum. Nonetheless, the Minister is right also to emphasise the need to continue to evaluate closely the impact of EUMM throughout the course of the mandate, and in saying that it should "remain flexible and appropriate for its operating environment, whilst remaining value for money". We therefore ask him to inform us of the outcome of the mid-term review at the end of 2015, and provide details of its underlying rationale.

11.10 In the meantime, we now clear the Council Decision.

Full details of the documents: Council Decision amending Joint Action 2010/452/CFSP on the European Union Monitoring Mission in Georgia (EUMM Georgia): (36522), —.

Background

11.11 The extant Council Decision extended its mandate until 14 December 2014, and allocated €26,650,000 of funding. No significant changes were made to the mandate of the mission: EUMM Georgia was therefore to continue to monitor the terms of the 12 August and 8 September 2008 ceasefire agreements and implementing measures, and contribute to the long term stability of Georgia and the South Caucasus as a whole.

11.12 At that time, the Minister for Europe noted various ways in which EUMM Georgia had continued to help to maintain stability. However, relations with the de facto authorities of ABK and SO continued to be difficult following the Abkhaz refusal to allow the EUMM Head of Mission (HoM) access to its IPRM (Incident Prevention and Reporting Mechanism) meetings, which had consequently been suspended since April 2012: but he had left post in June, and once a new HoM was in place, the Minister saw an opportunity for the ABK IPRM to be reinstated in the next few months.

11.13 Looking forward, Russia was taking "an activist approach on security issues" in the area in the run-up to the Winter Olympics (close to the border with ABK) and continuing to consolidate its military presence in the breakaway regions and to "borderise" the ABL. The new Georgian government was pursuing a policy of limited engagement with Russia. However, Georgia's insistence on its territorial integrity and commitment to NATO membership remained red lines for Russia. Internally, there had been a tense and difficult political cohabitation between President Saakashvili and a new government. The months leading up to the Georgian Presidential elections in October 2013 were likely to remain tense. A continued EUMM presence would help to diffuse possible tensions during these periods of heightened sensitivity.

11.14 Following the Sochi Winter Games, a Strategic Review was to be presented to the EU's Political and Security Committee[60] during Spring 2014: it would be "comprehensive in nature, providing a thorough assessment of the functions of the mission and potential changes taking into account post-Sochi political and security developments which may impact on the operational environment of the EUMM".

11.15 All in all, notwithstanding the constraints within which it had had to operate, the Minister noted that EUMM Georgia remained the only international actor on the ground and would continue to contribute to Georgia's security and stability; the proposed extension period of 15 months was a compromise successfully brokered by the UK (some Member States favoured 24 months), which the Minister judged would be sufficient time to cover a period of potentially difficult events, properly assess Russia's approach to the region post-Sochi and carry out a detailed analysis of the Strategic Review on the future of the mission.

11.16 Although it raised no questions in and of itself, we drew this further mandate extension to the attention of the House because the Minister's thorough exposition of the Mission's work and of the context in which it operates clearly demonstrated its value in a region of growing strategic significance to both the UK and the EU as a whole.[61]

The Minister's letter of 7 July 2014

11.17 The Minister wrote to say that, in view of developments in the region, the strategic review of the EUMM recommended that:

¾  "the mandate be extended for two years (i.e. up to December 2016);

¾  "it continues to focus on the core tasks mentioned above;

¾  "it should maintain its current headcount for now (401 in total, 272 international and 129 local) given the wider political context of Russia's actions in Ukraine/Crimea;

¾  "there should be further strengthening of its cooperation and coordination with all EU instruments and Member States as well as other actors engaged in Georgia and conflict resolution;

¾  "the structure of the Mission should be kept under review and the Head of Mission should make proposals to update it as appropriate; and

¾  "the next Strategic Review should be held mid-mandate (i.e. around the end of 2015).

    "The Government is content with the outcome of discussions on the Strategic Review and is minded to agree to the mandate extension at the end of 2014 on the terms set out above. Renewing the mandate would be an important signal of EU support to Georgia at time when the country is concerned about the potential for punative Russian actions against it.

    "The EUMM continues to play a vital role in stabilising and providing security to the region, for example successfully managing tensions last autumn in the period around the Presidential elections, and earlier this year ahead of and during the Sochi Winter Olympics. It also continues to play a vital role in facilitating activities near the Administrative Boundary Lines by informing all parties in a timely, credible and reliable manner. This allows, for example, works on utilities to go ahead which directly benefits local populations.

    "A new Head (Toivo Klaar, Estonia) and Deputy Head (Ryan Grist, UK) have had a positive impact on the work of the EUMM, although relations with the de facto authorities in the breakaway regions of Abkhazia and South Ossetia continue to be difficult. Ongoing lack of access to the breakaway regions continues to be a major constraint towards full implementation of the Mission's mandate. The EU continues to push for the EUMM to have access to the breakaway regions, although other parties involved have yet to agree.

    "In addition we continue to support and argue for the EUMM Head of Mission and the EEAS to regularly review the structure and staffing numbers of the mission, in order to maximise the impact of existing resources and identify efficiency savings."

The draft Council Decision

11.18 This draft Council Decision proposes the renewal of the mandate of the EUMM in Georgia for two years from 16 December 2014 until 15 December 2016 as well as setting out just over €18 million of funding for this period. It proposes no significant changes to the mandate of the mission.

The Government's view

11.19 In his Explanatory Memorandum of 25 November 2014, the Minister for Europe says that the EUMM has also continued to facilitate discussions and pragmatic solutions to issues affecting communities living in areas adjacent to ABK and SO, such as rehabilitating irrigation channels, granting a farmer access to his land or allowing for medical evacuations; and through the hotline,[62] has "succeeded to accommodate the release of prisoners who have been unjustly detained over ABL border violations and has shared information exchanges about missing persons".

11.20 However, the Minister says:

    "relations with the de facto authorities of ABK and SO continue to be difficult following the Abkhaz refusal to allow the EUMM Head of Mission (HoM), Toivo Klaar access to its IPRM meetings which have been suspended since April 2012. While the EUMM continues to liaise with all parties through the hotline and the Geneva discussions, the absence of IPRM meetings with ABK and access to the breakaway regions is a major constraint towards full mandate implementation."

11.21 The Minister supports an extension of EUMM "as the presence of the Mission reduces the risk of future conflict including through confidence building, objective reporting, fact-finding, and its contributions to the Geneva Talks and through local dialogue". To demonstrate the continuing impact of the EUMM, the Minister summarises its actions in three circumstances:

·  "The EUMM has facilitated the use of the hotline to help deal with serious medical cases. The breakaway regions mainly have poor medical facilities so the EUMM helped facilitate, with the de-facto authorities, the transfer of these cases to Zugdidi to get urgent medical treatment. They have also helped put local organisations in touch with e.g. international donors to help secure funding to help develop better services;

·  "The EUMM has signed MoUs with the Georgian MoD and Ministry of Interior to agree the scope of the Ministries' activities, for example the areas they should and should not go to and, where possible, for police rather than army to be deployed. This helped facilitate a change in posture from Russia who changed their border guards from military to civilian officers. This has also allowed the EUMM to develop good relations with the Georgian police;

·  "The reporting period, marked by the Sochi Olympic Winter Games, passed without significant incident in the theatre, which remained relatively stable. The EUMM dealt well with the increase in security actors along the Administrative boundary lines (ABL) and played a key role in passing information to avoid additional tensions. EUMM's monitoring of the Memoranda of Understanding with the Georgian Ministry of Internal Affairs and Ministry of Defence enabled continuous transparency and directly contributed to regional stability."

11.22 Looking ahead, the Minister says:

    "Georgia is likely to face continued Russian pressure as Russia consolidates its military presence, takes further measures to demarcate the boundary between Georgia and the breakaway regions and potentially to shut down a large number of the crossing points. This situation has been heightened by the proposed new "Treaty" between Russia and Abkahzia which seeks to formalise their relationship in the political, economic, military and social spheres. It is likely a similar document with South Ossetia will follow. The Georgian Government is pursuing a policy of limited engagement with Russia, however this could be strained by recent developments. Tensions within the Georgian Government were also apparent in early November when the Defence Minister was sacked and two other Ministers, including the Foreign Minister resigned."

11.23 Operationally, the Minister says:

    "Following the most recent Strategic Review by the Crisis Management and Planning Directorate to the Political and Security Committee, there has been agreement that the mandate of the EUMM should be extended for two years given that it is unlikely that tensions in the region will reduce in the short/medium term and due to the deep-rooted nature of the conflict. However there is a general view that the Mission could reduce its level of monitoring whilst maintaining its effectiveness. This would be welcomed by much of the local population who have become frustrated by the frequency of monitoring, which does not result in any qualitative improvements. As well as continuing with its core tasks, the Mission will also look to:

·  "strengthen its co-ordination mechanisms with the EU Special Representative and the EU Delegation in Georgia;

·  "further develop mechanisms to coordinate approaches to conflict- related issues especially preparations of the Geneva Talks and IPRMs;

·  "strengthen media and information operations, including regular, non-classified information on EUMM briefings from monitoring that should contribute to transparency and increased understanding in the conflict zones and across the ABLs.

    "The EUMM is part of a comprehensive EU approach to Georgia and remains the only international actor on the ground in Georgia and will continue to contribute to Georgia's security and stability. The exit strategy of EUMM is currently based on successful conflict resolution processes (linked, among other things, to the implementation of the Six Point Agreement in the long term) and in the context of a coherent and strategic EU approach to conflict resolution in Georgia."

11.24 Finally, with regard to the significance of Georgia to UK interests, the Minister reiterates its importance to BP and in the transit route for Azerbaijani oil and gas, and says:

    "The UK continues to support Georgia with its democratic transition, particularly through regular and intensive inward and outward Ministerial visits. The Rt Hon William Hague MP visited Georgia in May 2014 and agreed to hold a regular high level dialogue with the Georgians. On 19 November the Georgian Foreign Minister visited London for the first UK/Georgia Dialogue, covering foreign policy, security and international defence and prosperity issues. At the dialogue, the Georgians assured of their continued support for Euro-Atlantic integration. We welcomed Georgia's signature of the EU Association Agreement and Deep and Comprehensive Free Trade Area and urged the government to ensure that corruption investigations against prominent members of the opposition were transparent and followed due process."

11.25 Finally, with regard to the Financial Implications, the Minister says that the €18,300,000 budget for the period 16 December 2014-15 December 2015 reflects some restructuring of the Mission to reduce unnecessary staffing, and should come in at approximately €3,000,000 less than the previous year. The Minister provides a comprehensive breakdown of the budget proposal (which is set out in the table at the Annex to this chapter of our Report), and concludes by saying:

    "UK officials will continue to evaluate closely the impact of EUMM throughout the course of the mandate, which should remain flexible and appropriate for its operating environment, whilst remaining value for money."

Previous Committee Reports

None, but see (35188), —: Thirteenth Report HC 83-xiii (2013-14), chapter 46 (4 September 2013) and (34144), —: Eleventh Report HC 86-xi (2012-13), chapter 22 (5 September 2012).


57   See Eleventh Report HC 86-xi (2012-13), chapter 22 (5 September 2012). Back

58   See http://eeas.europa.eu/statements-eeas/2014/141124_01_en.htm for the High Representative's statement. Back

59   See Euractiv of 25 November 2014 at: http://www.euractiv.com/sections/europes-east/georgia-cries-fouls-moscow-strengthens-ties-abkhazia-310293?utm_source=EurActiv+Newsletter&utm_campaign=39289c7865-newsletter_daily_update&utm_medium=email&utm_term=0_bab5f0ea4e-39289c7865-245605241. Back

60   The committee of ambassador-level officials from national delegations who, by virtue of article 38 TEU, under the authority of the High Representative for Foreign Affairs and Security Policy (HR) and the Council, monitor the international situation in areas covered by the CFSP and exercise political control and strategic direction of crisis management operations, as set out in article 43 TEU. The chair is nominated by the HR. Back

61   See (35188), -: Thirteenth Report HC 83-xiii (2013-14), chapter 46 (4 September 2013). Back

62   The EUMM acts as a hotline between actors. On the one side, the Russian Federation Armed Forces, the Russian Federation Border Guards and the de facto authorities and on the other side the Georgian Government. Incidents can be reported to the EUMM who contacts the relevant hotline holders to inform them of, or verify the reports. Incidents or issues which cannot be resolved over the hotline are referred to the monthly Incident Prevention and Reporting Mechanism meetings where all parties meet in the relevant theatre to seek resolution. Back


 
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Prepared 17 December 2014