Documents considered by the Committee on 25 February 2015 - European Scrutiny Contents


21 The EU Special Representative for the Sahel and wider issues

Committee's assessment Politically important
Committee's decisionCleared from scrutiny; further information requested
Document detailsCouncil Decision extending the mandate of the European Union's Special Representative for the Sahel
Legal baseArticles 31(2) and 33 TEU; QMV
DepartmentForeign and Commonwealth Office
Document number(36629), —

Summary and Committee's conclusions

21.1 The Sahel region is defined in this context as Mali, Mauritania and Niger. The mandate was initiated in 2013. It is based on the EU's policy objectives, i.e., to contribute actively to regional and international efforts to achieve lasting peace, security and development in the region. The EUSR's job involves enhancing the quality, intensity and impact of the EU's multi-faceted engagement in the Sahel region, including the EU Strategy for Security and Development in the Sahel, and to participate in coordinating all relevant instruments for EU actions. Initial priority was given to Mali and to the regional dimensions of the conflict there. The EUSR's specific tasks are detailed in our previous Report.[117]

21.2 Earlier this month, the Minister for Europe (Mr David Lidington) said that Mr Reveyrand had continued to perform effectively. With regard to what he describes as a "near-final draft" the Minister said:

—  the proposed mandate was unchanged from 2014-15, which would provide sufficient latitude for Mr Reveyrand to adapt his role to evolving events in the Sahel region;

—  the UK had proposed that Mr Reveyrand should monitor the Mali negotiations even more closely in future, and report back regularly to Member States in order that they could formulate their positions accordingly;

—  Mr Reveyrand's new mandate period of eight months, rather than a year, was in tune with other EUSRs, and had been proposed by the new High Representative/Vice President (Federica Mogherini) "to allow her to become acquainted with the individuals and evaluate their roles and performance".

21.3 As noted in the "Background" section of our previous Report, the tying-in of most other EUSR mandate renewals to end-February 2015 reflected a wider tussle between the then High Representative and the European External Action Service (EEAS), and Member States, about the future of the EUSR "concept", resolution of which was postponed until the arrival of the new HR last November. Although in this instance the Minister provided an explanation, in the case of other EUSRs whose mandate renewal we considered elsewhere in our previous Report, he had spoken of the eight-month renewal period being "under review". Moreover, the Committee thought it debatable whether an eight-month renewal period, which was bound to include a summer break, was sufficient to evaluate all EUSR roles and performance. The Minister had also talked about the late circulation of the text by the EEAS.

21.4 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 clarification of the final terms of the mandate, the timing issues and the proposed budget.[118]

21.5 The Minister now says that:

—  Mr Reveyrand's finalised mandate has not changed substantially from the previous version attached to his earlier Explanatory Memorandum;

—  the budget remains the same, pro-rata, as the budget for 2014-15; i.e., €900,000 in 2015-16, in line with the €1,350,000 budget for March 2014 to February 2015, which represents good value for money.

21.6 The Minister comments thus:

"M Reveyrand can expect to have a busy time in this period: the talks in Algiers between the Malian Government and the northern groups have reached a critical stage, and there are signs that, given the right encouragement (including from external players such as the EU), an agreement could be reached in the next few weeks. Should an agreement be found, the EU would have a further important role to play in devising and monitoring an implementation mechanism which would help to ensure that the parties stick to the terms of any deal."

21.7 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;[119]

—  Ms Mogherini wrote to Member States on 27 January 2015, stating that the eight-month extension for those EUSRs with a geographical remit 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";

—  he will continue "to emphasise the importance of Member State oversight of this important tool of the CFSP"; and

—  he will "continue to urge" the EEAS to respect the need for early circulation of documents to allow for the completion of national procedures. (See paragraph 21.16 below for details).

21.8 The questions regarding this particular mandate extension having been satisfactorily answered, we now clear the document.

21.9 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 be able to 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.

21.10 So far as the timely circulation of documents is concerned, we have lost count of how many times the Minister has written to the previous and, more recently, new HR on this matter. When he writes to us in September, we should be grateful for his, or his successor's, assessment of the extent to which there has been any significant improvement in the EEAS's performance in this regard.

Full details of the documents: Council Decision extending the mandate of the European Union's Special Representative for the Sahel: (36629), —.

Background

21.11 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.[120]

21.12 Council Decision 2013/133/CFSP of 18 March 2013 appointed Michel Reveyrand-de Menthon as the new European Union Special Representative (EUSR) for the Sahel. The Sahel region is defined as in the EU Strategy for Security and Development in the Sahel, i.e. Mali, Mauritania and Niger. Further background is set out in our previous Reports.

21.13 A year on, the Minister supported renewal. Mr Reveyrand had performed satisfactorily, and there was broad consensus that his mandate be extended for a further 12 months. It had been "tweaked" to reflect the subsequent (broadly positive) political developments in the Sahel (the signing of the Ouagadougou Accords in June, the deployment of the UN Mission (MINUSMA) to Mali in July, and the successful presidential and legislative elections in Mali) and now included language on the need for the EUSR to push for further progress on the Malian peace process, and to "keep a weather eye on Niger and Burkina Faso, which will hold important elections in 2015-16." Following what the Minister called a "light-touch "refresh" of the EU's Sahel Strategy (which in future would also cover Chad and Burkina Faso), a further (fifth) Policy Advisor would be funded by savings made elsewhere in the budget. The Minister also noted that the 12-month extension until February 2015 would bring it into line with the majority of other EUSR mandates, which were to be renewed "for only 8 months from June 2014 to February 2015".

21.14 As noted in the "Background" section of our previous Report, the tying-in of most other EUSR mandate renewals to end-February 2015 reflected a wider tussle between the then High Representative and the European External Action Service (EEAS), and Member States, about the future of the EUSR "concept", resolution of which was postponed until the arrival of the new HR last November. Although that seemed to have been resolved, the Committee thought it debatable whether an eight-month renewal period, which was bound to include a summer break, was sufficient to evaluate all EUSR roles and performance. Moreover, though the Minister provided this interpretation here, in the case of other EUSRs whose mandate renewal we consider elsewhere in this Report, he talks of the eight-month renewal period being "under review".

21.15 In this instance, as well as the draft not being final, and there being no budgetary information, in this instance the Minister referred to the late circulation of documents by the EEAS, which would result in a short gap between the mandates, though a mechanism existed to allow the EUSR to continue operating during this period. The questions thus arose: was this late circulation the result of the EEAS having had to await the new HR's determination of the wider policy issue, and then being faced with a lot of work at the last minute? In that case, the new HR is guilty of not taking sufficient cognisance of the need for timely parliamentary scrutiny. Or was it, once again, the EEAS's failure alone?

The Minister's letter of 13 February 2015

21.16 Regarding the decision by Ms Mogherini to extend a number of EUSRs' mandates (including the Sahel) for only eight months as opposed to the normal 12, the Minister says:

"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."

The Minister's letter of 20 February 2015

21.17 The Minister says that the substance of Mr Reveyrand's mandate has now been finalised and has not changed substantially from the previous version that accompanied his Explanatory Memorandum of 2 February 2015.

21.18 With regard to the budget for Mr Reveyrand's next mandate, the Minister says:

"This remains the same, pro-rata, as the budget for 2014-15. During the discussions in Brussels the UK was joined by other Member States in calling for no increase in 2015-16, and this has been agreed. Consequently, the EUSR will operate with EUR 900,000 in 2015-16, in line with the EUR 1,350,000 budget for the full 12 months from March 2014 to February 2015. We are content that this represents good value for money, and the one change in M Reveyrand's team structure will be achieved within this funding envelope."

21.19 On our question relating to the decision by Ms Mogherini to extend a number of EUSRs' mandates (including the Sahel) for only eight months, the Minister says:

"I have written to you separately giving the detailed background. Accordingly, M Reveyrand's new mandate will be for eight months: from 1 March to 31 October 2015."

Previous Committee Reports

Thirty-second Report HC 219-xxxi (2014-15), chapter 9 (4 February 2015); also see (35800), —: Thirty-seventh Report HC 83-xxxiv (2013-14), chapter 21 (26 February 2014).


117   See Thirty-second Report HC 219-xxxi (2014-15), chapter 9 (4 February 2015). Back

118   See Thirty-second Report HC 219-xxxi (2014-15), chapter 9 (4 February 2015). Back

119   These two mandates fell vacant during the tenure of the previous HR and were effectively absorbed, pro tem, into the EEAS. Back

120   See http://eeas.europa.eu/policies/eu-special-representatives/index_en.htm for full information. Back


 
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