17 EU Special Representative for the
South Caucasus and the crisis in Georgia and wider issues
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny; further information requested
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| Document details | Council Decision on the EU Special Representative for the South Caucasus and the crisis in Georgia
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| Legal base | Articles 28, 31 (2) and 33 TEU; QMV
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| Department
Document number
| Foreign and Commonwealth Office
(36616), —
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Summary and Committee's conclusions
17.1 The EU established a Special Representative for South Caucasus
(EUSR-SC) in 2003 and for the crisis in Georgia in September 2008.
In 2011, the positions of EUSR for the South Caucasus and EUSR
for the crisis in Georgia were combined. We considered the latest
mandate renewal at our meeting on 4 February 2015.
17.2 In his Explanatory Memorandum of 29 January
2015, the Minister for Europe (Mr David Lidington) expected the
current mandate to be extended for eight months; but said that
this was under review, and that he would update the Committee
if there was any change to this. He had also yet to receive a
draft budget.
17.3 The Minister reaffirmed the Government's support
for the work of the EUSR-SC, and for Ambassador Salber's continuation
in the role. He also again underlined the strategic importance
of the region, and its stability, to the UK's prosperity and energy
security goals.
17.4 As noted in the "Background" section
of our Report, Ambassador Selber's appointment in June 2014, after
a five-month lacuna, reflected the wider tussle between the then
High Representative of the Union for Foreign Affairs and Security
Policy (Baroness Ashton) and the European External Action Service
(EEAS), and Member States, about the future of the EUSR "concept".
Though that seemed to have been resolved, at least for the time
being, it was not clear why an eight-month renewal period had
been proposed. Moreover, this was not the only mandate renewal
that we dealt with at that meeting where there seemed to be uncertainty
over the time period; or where no budgetary information was yet
available.
17.5 In terms of the need for the job and the performance
of the incumbent, no questions arose. However, we continued to
retain the Council Decision under scrutiny, pending receipt of
clarification on the timing issue and information about the proposed
budget.
17.6 The Minister now says that the budget for March
2015-October 2015 is €1,350,000, "representing an overall
decrease of €3,750 a month" on the previous eight-month
budget of €1,380,000 (see paragraph 17.17 below for details).
17.7 On the specific and general timing issues, the
Minister also says:
— Ms
Mogherini's decision to extend the mandates "is a positive
step, and one which the UK has welcomed";
— Ms Mogherini has proposed the reestablishment
of the EUSRs for Central Asia and the Middle East Peace Process;[86]
— Ms Mogherini wrote to Member States on
27 January 2015 outlining the reasons for the eight month extension
for those EUSRs with a geographical remit, stating it was to allow
her to "further acquaint herself with their work and interaction
with the EEAS before making substantial proposals on the way ahead
in autumn 2015";
— Ms Mogherini has also announced that
she intends to conduct a wider evaluation on EUSRs, looking at
the "political objectives, visibility of the EU, interaction
with the EEAS, the resource implications and the ability of the
EEAS to take on some of the tasks";
— he supports the initiative to hold such
a "horizontal discussion";
— prior to Ms Mogherini's appointment,
Member States "once again fought off proposals by the EEAS
for a transfer of the EUSR budget from the Common Foreign and
Security Budget (CFSP) to the EEAS budget"; and
— he will continue "to emphasise the
importance of Member State oversight of this important tool of
the CFSP" (see paragraph 17.16 below for details).
17.8 The questions regarding this particular mandate
extension having been satisfactorily answered, we now clear the
document.
17.9 More generally, it would seem that we were
over-optimistic. The importance of this issue is clear: the more
the EUSR role is absorbed into the EEAS, the less will the Member
States control the mandates of what are effectively the Council's
special envoys to a variety of trouble spots affecting EU and
UK interests, or the job holder. Instead, such "special
envoys" would more and more represent the HR/EEAS, and not
the Member States through the Council. "Oversight",
or supervision (OED), is significantly different from "control",
or "power of directing" (ibid). We therefore
intend to continue to follow this matter closely; and, in the
first instance, ask the Minister (or his successor), in early
September, to provide the Committee with an update on the timing
of the HR's "wider evaluation"; what he or she then
knows of the HR's thinking; and what views he or she will be taking
into the "horizontal discussion" to which the Minister
refers.
Full details of
the document: Council
Decision extending the mandate of the European Union Special Representative
for the South Caucasus and the crisis in Georgia: (36616), —.
Background
17.10 Article 33 TEU provides that the Council may,
on a proposal from the High Representative of the Union for Foreign
Affairs and Security Policy (HR; Federica Mogherini), appoint
a special representative (EUSR) with a mandate in relation to
particular policy issue. The EUSR shall carry out his or her mandate
under the authority of the HR. EUSRs, assisted by the EEAS, and
acting in support of and in close coordination with the Council
and the HR, should contribute to the unity, consistency and effectiveness
of the Union's external action and representation. They should
help ensure that all Union instruments and Member States' actions
are engaged consistently to attain the Union's policy objectives.
In particular, they should contribute to improving the effectiveness
of the EU's response to crisis situations, and to the implementation
of the EU's strategic policies. They provide the EU with an active
political presence in key countries and regions, acting as a "voice"
and "face" for the EU and its policies.[87]
17.11 The EUSR-SC was first appointed on 20 February
2006. The role involves supporting the HR and the Council in:
assisting Armenia, Azerbaijan and Georgia in carrying out political
and economic reforms; preventing conflicts in the region and contributing
to the peaceful settlement of conflicts, including through promoting
the return of refugees and internally displaced persons; engaging
constructively with main interested actors concerning the region;
encouraging and supporting further cooperation between States
of the region, including on economic, energy and transport issues;
and enhancing EU effectiveness and visibility in the region. In
2011, the "Georgia Crisis" mandate was incorporated
into the EUSR-SC mandate.
17.12 The present mandate runs until 28 February
2015. The incumbent, Herbert Salber, was appointed in June 2014,
following the unexplained resignation in January of his predecessor,
Philippe Lefort (a senior and experienced French diplomat, most
of whose career had been dedicated to the Caucasus and Russia,
including as Ambassador to Georgia in 2004-2007). At that time,
Mr Salber was Germany's Deputy Permanent Representative to NATO;
he was described as having extensive knowledge of the former-Soviet
region and the conflicts in the South Caucasus; and at one time
had been the OSCE's Director of the Conflict Prevention Centre
(CPC), which leads on the Nagorno-Karabakh conflict within the
OSCE, at the time of the 2008 conflict between Georgia and Russia.
17.13 In clearing the Council Decision that authorised
Mr Salber's appointment and a budget for the remainder of the
current mandate,[88]
the Committee noted that this process played into the much wider
issue of whether, post-Lisbon, the EUSR as a "concept"
was to be continued or (as the then HR had proposed) absorbed
into the EEAS — the consequence being that Member States
would no longer be able to approve the mandates of what are effectively
the Council's special envoys to a variety of trouble spots affecting
EU and national interests, or the job holder. Instead, such "special
envoys" would effectively represent the HR/EEAS, and not
the Member States through the Council. Under Member State pressure,
the final decision was put off until a new HR was in post, with
virtually all the present mandate renewals being timed so that
they expired in February 2015:[89]
yet some mandates have already effectively been taken over by
the EEAS pro tem, or effectively suspended with the incumbent
being appointed as the HR's Special Envoy.[90]
17.14 The Minister expected the current mandate to
be extended for eight months; but said that this is under review,
and that he would update the Committee if there was any change
to this. He had also yet to receive a draft budget.
17.15 The Minister reaffirmed the Government's support
for the work of the EUSR-SC. With regard to Ambassador Salber's
role and performance, the Minister noted in particular:
— his
regular access to the Presidents and Foreign Ministers of Armenia
and Azerbaijan, enabling him to relay Member States' concerns,
counter periods of rising tensions and deliver messages of restraint;
— how his role complements and supports
the work of the OSCE Minsk Group, to try to encourage progress
beyond the status quo, engaging as he does with key stakeholders
in Moscow and Ankara and having responsibility for the EU Nagorno-Karabakh
conflict prevention/reconciliation funds;
— his good working relationship with UK
counterparts on this issue in particular;
— his lead role in the EU's work in respect
of the conflicts in Georgia, where the EU continues to be the
main international actor on the ground, and which helps to ensure
that the EU's work in Georgia is "joined-up"; frequent
trips to Georgia, including the breakaway regions, and being one
of the co-chairs of the Geneva peace talks; and
— his important role in keeping the Geneva peace
talks operational (the only forum to bring together all the parties
to the conflict), especially given the difficult circumstances
of the signing of the Russia-Abkhazia "Treaty on Alliance
and Strategic Partnership".
The Minister's letter of 13 February 2015
17.16 The Minister deals with the eight-month mandate
length at follows:
"I believe that Federica Mogherini's decision
to extend the mandates is a positive step, and one which the UK
has welcomed. As you have noted in your reports, Ms Mogherini
has proposed extending all but the EUSR for Human Rights for an
initial period of eight months. She has proposed renewing the
mandate of the EUSR for Human Rights for two years in order to
align it with the EU Strategic Framework and Action Plan for Human
Rights and Democracy. Ms Mogherini wrote to Member States on 27
January 2015 outlining the reasons for the eight month extension
for those EUSRs with a geographical remit, stating it was to allow
her to 'further acquaint herself with their work and interaction
with the EEAS before making substantial proposals on the way ahead
in autumn 2015'.
"As you know, following the departure of Peter
Sorensen, Lars-Gunner Wigemark has been appointed EUSR for Bosnia
and Herzegovina and will take up his duties on 1 March 2015. His
initial mandate is until June, but we expect this to be extended.
"Ms Mogherini has proposed the reestablishment
of the EUSRs for Central Asia and the Middle East Peace Process.
She has invited Member States to propose candidates for the two
positions and hopes to make appointments in March. She told Member
States that 'a new EUSR for Central Asia would take up stewardship
at political level of vital regional issues at stake. It would
assure Central Asian partners that the region remains important
to the EU and provide us with a privileged channel of communication
at the highest level with the countries of the region. This would
be essential for pursuing our objectives there given the specificities
of Central Asia. It will also build on the ongoing exercise to
review our Strategy for Central Asia'. She said that the proposed
EUSR for MEPP 'would focus on enhancing the EU's engagement on
the peace process. This would include the development of close
contacts with all major players, including the parties to the
conflict themselves, members of the Quartet, Arab states and relevant
regional bodies. This engagement would also be underpinned by
the EU's clear position on the MEPP, including the parameters
set out in the July 2014 Conclusions'.
"Ms Mogherini has also announced that she intends
to conduct a wider evaluation on EUSRs, looking at the 'political
objectives, visibility of the EU, interaction with the EEAS, the
resource implications and the ability of the EEAS to take on some
of the tasks'. I support the initiative to hold such a horizontal
discussion. As you know, prior to Ms Mogherini's appointment,
Member States once again fought off proposals by the EEAS for
a transfer of the EUSR budget from the Common Foreign and Security
Budget (CFSP) to the EEAS budget. We will continue to emphasise
the importance of Member State oversight of this important tool
of the CFSP.
"As the Committee will recall, I wrote to Ms
Mogherini in December 2014 highlighting the importance of timely
circulation of draft mandates. What is more, during a negotiation
last year on revised EU Guidelines on the Appointment, Mandates
and Financing of EUSRs, the UK successfully argued for the inclusion
of a reference to the need for early circulation of documents
to allow for the completion of national procedures. I will continue
to urge the EEAS to respect the terms of the Guidelines."
Minister's letter of 20 February 2015
17.17 The Minister now says that, compared with the
eight-month budget for June 2014-February 2015 of €1,380,000,
the eight-month budget for March 2015-October 2015 is €1,350,000,
"representing an overall decrease of €3,750 a month"
17.18 He continues as follows:
"Savings identified by us in the last budget,
such as the reduction in one-off payments including funds for
a 'team retreat', have been maintained in this budget. Other significant
budget lines, such as staff salaries remain at the same level
compared to the previously agreed budget.
"While overall running costs have increased,
due mainly to a provision for new service contracts, we understand
that this is to mitigate the risk of insufficient staffing around
the time of the Geneva International Discussions. This increase
has also been offset by a reduction in capital expenditure, and
a more realistic assessment of personnel costs, by only budgeting
for 6 months' salary for positions yet to be filled, factoring
in time for recruitment campaigns. The contingency reserve has
also been kept down, with only a 0.03% increase added, as an adjustment
for inflation.
"Given that the new proposed budget represents
an overall reduction in costs in comparison to the last mandate's
agreed budget, we are therefore content to accept the proposed
budget for the period March-October 2015."
17.19 Regarding the eight-month mandate length, the
Minister says:
"we understand that this is due to the High
Representative's desire to have time to acquaint herself with
the Special Representatives and to adequately evaluate their work."
Previous Committee Reports
Thirty-second Report HC 219-xxxi (2014-15), chapter
5 (4 February 2015); also see (36143), —: Fourth Report
HC 219-iv (2014-15), chapter 9 (25 June 2014) and (35626),—:
Twenty-eighth Report HC 83-xxv (2013-14), chapter 17 (18
December 2013); also see (35701), —: First Report HC 219-i
(2014-15), chapter 27 (4 June 2014).
86 These two mandates fell vacant during the tenure
of the previous HR and were effectively absorbed, pro tem,
into the EEAS. Back
87
See http://eeas.europa.eu/policies/eu-special-representatives/index_en.htm
for full information. Back
88
(36143), -: Fourth Report HC 219-iv (2014-15), chapter 9 (25
June 2014). Back
89
The exception being the EUSR for Bosnia, whose mandate runs until
June 2015. Back
90
For the full background to this wider issue, see (35701), -:
First Report HC 219-i (2014-15), chapter 27 (4 June 2014). Back
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