28 The EU and ASEAN: "A partnership
with a strategic purpose"
| Committee's assessment
| Politically important |
| Committee's decision | Not cleared from scrutiny; further information requested
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| Document details | Joint Communication on the EU and ASEAN partnership
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| Legal base | —
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| Department | Foreign and Commonwealth Office
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| Document numbers | (36882), 9025/15, JOIN(15) 22
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Summary and Committee's conclusions
28.1 The Joint Communication reviews the present level of EU engagement
with ASEAN,[ 266] puts
forward the case for greater engagement, and seeks to provide
a more coherent framework for co-operation, focusing on four areas:
— connectivity
(including trade and investment, research and innovation and transport);
— a
greener partnership for a sustainable future (including co-operation
on climate change and humanitarian assistance);
— security and human rights; and
— moving towards "a partnership with
a strategic purpose" by expanding co-operation on regional
issues of global significance, including appointing a dedicated
EU Ambassador to ASEAN and acquiring membership of the "East
Asia Summit" (EAS) group of nations.[ 267]
28.2 In sum, the Commission/EEAS argue that:
— both
sides have an interest in seizing this opportunity;
— this will also form the backdrop for
ASEAN's review of the EAS, including its functioning and future
membership;
— the EU is in a good position to contribute
to the practical work of the EAS and thus heed the call from ASEAN
for greater EU engagement;
— the move to an EU-ASEAN Strategic Partnership
should "go hand in hand with the EU's presence at the region's
strategic table" (see "Background" below for full
details).
28.3 The Minister for Europe (Mr David Lidington)
says in his Explanatory Memorandum of 29 May 2015 that closer
EU engagement and partnership with ASEAN is in the UK's interests
as it will "allow us to leverage EU resources and influence
our efforts to deliver UK objectives in ASEAN". The Joint
Communication is "a solid basis on which to strengthen ties
between the EU and ASEAN, reaffirming EU commitment to trade relations,
security and sustainability", reflecting a growing awareness
on the part of the European External Action Service (EEAS) of
the opportunities offered by Asia and ASEAN — something
that he encourages, as it supports the UK view that engagement
with ASEAN should be increased, and allows the EU to maximise
its relationship with the region. There are, he says, "no
areas of concern, or elements we would seek to oppose".
28.4 At the same time, the Minister says that "[l]anguage
on joining the East Asia Summit, where we have taken a strong
position, is measured and agreeable". He also notes that
there was only limited consultation with EU Member States before
the publication of the Joint Communication; that it is up to Member
States to decide how to respond to the Communication; and that
whether the Joint Communication "may be drawn on, welcomed
or endorsed as part of a package of Asia related business going
to the June FAC" is still under discussion.
28.5 Then, on 18 June 2015, the Minister issued the
following corrigendum:
"The original Explanatory Memorandum stated
that we expected the Joint Communication to be drawn on, welcomed
or endorsed as part of a package of Asia related business going
to the June Foreign Affairs Council. This was reflected in the
first draft of Council Conclusions, but the language has subsequently
changed as negotiations have progressed, and the Joint Communication
will now be implemented.
"The Explanatory Memorandum was cleared by the
House of Lords Select Committee on the European Union on 9 June
2015 at the Chairman's Sift. An override for the House of Commons
European Scrutiny Committee (because the Committee were not yet
sitting) was not sought because the first draft of Council conclusions
welcomed the Joint Communication. Now that the Joint Communication
is to be implemented, we will seek an override.
"The Council Conclusions now confirm that the
Joint Communication will be implemented in close co-operation
with EU Member States".
28.6 In a separate letter of the same date, the Minister
says that as the Joint Communication will be implemented following
the Foreign Affairs Council on 22 June 2015 and it is unlikely
that the Committee will be formed by then, he has had to override
scrutiny.
28.7 The EU clearly has a long-standing relationship
with ASEAN, which would appear to be reciprocated. When the Minister
submitted this Joint Communication for scrutiny in May, in other
respects he appeared to welcome the Joint Communication and the
proposals therein. But he implied some sort of concern about its
primary purpose, i.e., as an application for membership of what
is now the main regional forum, the East Asia Summit (EAS).
We should be grateful if the Minister would say more about his
implicit concerns. In what ways, and in response to what earlier
formulations, has he "taken a strong position"? And
why? How is the language in the Joint Communication on joining
the EAS now "measured and agreeable"? Was he fearful
that, in some way, the EU High Representative for Foreign Affairs
and Security Policy was seeking to over-step the mark, and take
the EU into new, and inappropriate, areas as "a security
and defence provider" (see the HR's speech in the "Background"
section below).
28.8 In his May Explanatory Memorandum, the Minister
was also vague as to the future of this Joint Communication. There
then seems to have been a sudden process over the following three
weeks, during which he agreed to the implementation of the Joint
Communication. We ask the Minister to clarify what happened. We
also ask him to explain why this had to happen now, i.e., why
he could not have indicated that a scrutiny reserve was still
in operation, and that adoption should be postponed accordingly.
In short, what was the rush?
28.9 The 22 June Foreign Affairs Council Conclusions
(which are set out in full at the annex to this chapter of our
Report) contains the following:
"The Council reiterated the EU's offer to
contribute substantially to policy and security/defense related
fora led by ASEAN, including the East Asia Summit".
28.10 We should therefore be grateful if the Minister
would explain what contributing "substantially to policy
and security/defense related fora led by ASEAN, including the
East Asia Summit" means. The EU High Representative (Federica
Mogherini) and the Commission have been instructed to "work
on the implementation" of the priorities identified in the
Council Conclusions and the Joint Communication. Does this include
working on the EU joining the other existing 18 nation states
as a full member of the East Asia Summit? If so, in what ways
is the Minister content with this notion when he was not in May?
Or is the substantial contribution referred to above to be made
in some other way in the EAS format, short of membership?
28.11 Referring back to his original Explanatory
Memorandum, we would also like the Minister explain how the Joint
Communication relates to the rest of the "package of Asia
related business" to which he refers (and outline what that
package consists of).
28.12 In the meantime, we shall retain the Joint
Communication under scrutiny.
Full
details of the documents: (36882), 9025/15,
JOIN(15) 22: Joint Communication to the European Parliament and
the Council on the EU and ASEAN: "A partnership with a
strategic purpose".
Background
28.13 The Joint Communication describes the Asian
nations as a "strong, cohesive and self-confident ASEAN proceeding
with its own integration", as good for regional stability,
prosperity and security and as creating new opportunities for
cooperation on regional and global challenges. Noting that ASEAN
combines high rates of economic growth as well as demographic
dynamism; is collectively the world's seventh largest economy
and is set to become the fourth by 2050; has a young middle class
that is expected to rise to 65% of ASEAN's total population by
2030, up from 24% in 2010; and is at the heart of the efforts
to build a more robust regional security order in the wider Asia
Pacific: the Joint Communication declares that a "united
and self-confident ASEAN is key to ensure that regional challenges
are addressed in a rules-based manner", which is "in
the direct interest of the citizens of the region, but also of
the European Union". The EU "thus
has a huge stake in the success of ASEAN".
28.14 The Joint Communication maintains that there
is "a new momentum in EU-ASEAN relations and both sides have
an interest in sustaining it", and that "[m]any in ASEAN
have expressed a hope for greater EU engagement and a desire for
a formal 'Strategic Partnership'". For its part, the EU has
"compelling economic, sectoral and political interests in
enhancing its cooperation with this pivotal player in a region
of strategic importance".
28.15 With ASEAN "working to establish the ASEAN
Economic Community (AEC) by the end of 2015 and developing its
post-2015 Vision, including how it sees its relations with the
EU and the other Dialogue Partners… the moment to articulate
a vision for the future of EU-ASEAN relations is now".[ 268]
28.16 The Joint Communication notes that in recent
years, the EU has:
— acceded
to the Treaty of Amity and Cooperation in Southeast Asia;
— scaled up and redirected its cooperation,
forging a more ambitious and political partnership, as set out
in the Brunei Plan of Action (2013-2017),[ 269]
the framework for all EU-ASEAN cooperation, including the many
activities of EU Member States;
— taken part in more top-level visits;
and
— launched new initiatives for tangible
engagement in priority areas.
28.17 ASEAN has noted
and appreciated the EU's engagement; there is now a need to step
up the momentum and give effect to the ASEAN and EU foreign ministers'
joint decision in July 2014 to "turn the relationship into
a strategic one".[ 270]
Taking EU-ASEAN relations "to the next level" will build
on and complement "the already rich and varied bilateral
ties between the EU and individual ASEAN members"; these
processes "should be seen as mutually reinforcing".
28.18 Against this background, the Joint Communication
puts forward a number of proposals relating to:
— the
ASEAN 2010 Master Plan on ASEAN Connectivity, whose overall
objective is to bring business, people and institutions closer
together by eliminating barriers; these relate to boosting trade,
investment and business; transport; research, innovation and people-to-people
contacts;
— a greener partnership for a sustainable
future;
— cooperation on security and human rights
issues.
28.19 On the security front, the Joint Communication
says that the determination by the EU and ASEAN to develop a more
rounded partnership, going beyond the traditional focus on economic
issues, followed ASEAN's decisions to begin to tackle security
issues such as disaster management, maritime security, transnational
crime and counter-terrorism — , the EU having similarly
"expanded its role as a security actor and provider, including
through the Lisbon Treaty provisions enabling more integrated
approaches to foreign policy". The Joint Communication notes
that the East Asia Summit (EAS[ 271]):
"is increasingly becoming the leading forum
for strategic cooperation in the region, with the United States,
China, Japan, South Korea, India, Australia, New Zealand and the
Russian Federation as members, but not yet the EU. Given the EU's
trade, investment and other links, it has a clear interest in
stability in the region and thus in promoting a security architecture
that is better able to manage the region's political tensions
and in which it plays a key role, including through future accession
to the EAS".
28.20 In the meantime, the
EU and ASEAN:
"should exploit the convergence of interests
and make political and security issues one of the most dynamic
vectors of their cooperation, both under the umbrella of EU-ASEAN
cooperation and through greater EU involvement in the ARF,[ 272]
currently the only regional security forum of which it is a member".
28.21 Looking further ahead, the Joint Communication
outlines its vision for working towards an EU-ASEAN Strategic
Partnership "going beyond the current predominantly bilateral
mind-set and aiming for greater engagement on key regional and
global issues", and "deepening the dialogue and aligning
positions on issues of global significance". The Joint Communication
says that, for its part, the EU is ready to play its part in a
significant upgrading of relations and is committed inter alia
to:
— engaging
in a joint assessment on the prospects for a successful region-to-region
FTA negotiation;
— negotiating a civil aviation agreement;
— initiating an EU-ASEAN policy dialogue
on environment and sustainable development and strengthening the
one on research and innovation;
— continuing dialogue and cooperation on
migration and mobility issues;
— increasing its financial support for
regional cooperation with ASEAN and for development cooperation
with less-developed ASEAN Member States (Cambodia, the Lao PDR,
Myanmar, Vietnam and the Philippines) to more than €2 billion
for the period 2014-2020;
— implementing an extensive "package"
of new initiatives in the area of non-traditional security (maritime,
disaster relief, transnational crime, various training courses
on preventive diplomacy, crisis management, mediation, the rule
of law and election observation); and
— appointing a dedicated resident EU ambassador
to ASEAN.
28.22 In sum:
"Both sides have an interest in seizing this
opportunity. This will also form the backdrop for ASEAN's review
of the EAS, including its functioning and future membership. The
EU is in a good position to contribute to the practical work of
the EAS and thus heed the call from ASEAN for greater EU engagement.
The move to an EU-ASEAN Strategic Partnership should go hand in
hand with the EU's presence at the region's strategic table".[ 273]
The Government's view
28.23 In his Explanatory Memorandum of 29 May 2015,
the Minister for Europe (Mr David Lidington) says:
"Closer EU engagement and partnership with ASEAN
is in the UK's interests as it will allow us to leverage EU resources
and influence our own efforts to deliver UK objectives in ASEAN.
The Joint Communication provides a solid basis on which to strengthen
ties between the EU and ASEAN, reaffirming EU commitment to trade
relations, security and sustainability.
"The EEAS is increasingly more alert to the
opportunities offered by Asia and ASEAN, and the Joint Communication
is part of developing a strategy to engage with the region. We
encourage this position as it supports the UK view that engagement
with ASEAN should be increased, and allows the EU to maximise
its relationship with the region.
"The Joint Communication pulls together current
initiatives and suggests new ideas to enhance the relationship
with ASEAN, placing it on a more strategic footing. None of the
language gives us cause for concern. Language on joining the East
Asia Summit, where we have taken a strong position, is measured
and agreeable.
"There are no areas of concern, or elements
we would seek to oppose".
28.24 The Minister goes on to say:
"There was some, but limited, consultation with
EU member states before the publication of the Joint Communication.
Whilst the text cannot now change, it is up to member states to
decide how to respond to the Communication and whether to endorse
at Council level.
"The Joint Communication may be drawn on, welcomed
or endorsed as part of a package of Asia related business going
to the June FAC. This process is still under discussion".
28.25 With regard to its Financial Implications,
the Minister says:
"The Joint Communication is an advice paper,
so there is no agreement to spend money. The document is silent
on financial implications, and if any proposals were enacted which
involved costs, we would be able to stick to the existing line
of budget neutrality on the EEAS".
28.26 The message in the Joint Communication was
reinforced by the EU High Representative for Foreign Affairs and
Security Policy (HR; Federica Mogherini) in her speech of 31 May
in Singapore at the IISS Shangri-La Dialogue 2015, which she began
thus:
"Because yes, the EU has a military dimension
as well: our economic face is the one most Asians (and also most
Europeans!) are more familiar with. And this is natural. It is
good, also: there are more goods and services travelling between
Europe and Asia than across the Atlantic. That is amazing to us
as well. We are one of the major investors in this continent,
both in qualitative and quantitative terms, and the biggest development
donor. But our engagement with Asia goes well beyond trade, investment,
and aid. It's political. It's strategical. And it needs to develop
more also in the security field.
"Four out of ten of the EU Strategic Partners
are Asian countries: China, Japan, India and the Republic of Korea.
It is not by chance that I have personally travelled to the region
twice in less than one month, and in the very beginning of my
mandate: I was in Japan for our EU-Japan Summit just before flying
here, in Seoul and Beijing a few weeks ago. And we are preparing
to host the EU-China Summit in Brussels at the end of June, while
a Summit with South Korea is also planned. I am here today, I
will come back again in the region in August for the ASEAN Regional
Forum in Kuala Lumpur, and I look forward to chairing the ASEM
Foreign Ministers' meeting in Luxembourg in November.
"So yes, we are here, even if we are clearly
not part of the region, because we are partners of your region.
And we believe it is our reciprocal interest to invest even more
in our friendship and in the work we can jointly do for the security
of our people.
"So please, please don't look at us just as
a big free trade area: the European Union is also a foreign policy
community, a security and defence provider. For our own people
— within our borders and in the rest of the world; in our
own region — that, we know, at the moment is one of the
most turbulent ones, and we are ready to take more responsibility
to bring security and stability in our part of the world, together
with our neighbours; and with our global partners — Asia
included".[ 274]
28.27 On 18 June, the Minister then issued a corrigendum
to his Explanatory Memorandum (see "Summary and Conclusion"
above) and a letter in which he said:
"The Joint Communication will be implemented
following the Foreign Affairs Council on 22 June 2015. As it is
unlikely that the European Scrutiny Committee in the House of
Commons will be formed by then, I am writing to inform you that
I am in the position of having to override scrutiny at this time".
28.28 On 22 June, the Foreign Affairs Council adopted
Conclusions on the Joint Communication, which are annexed to this
chapter of our Report.
Previous Committee Reports
None.
Annex: Council Conclusions on
EU-ASEAN relations
1. "The EU has a genuine strategic interest
in strengthening its relationship with the Association of South
East Asian Nations (ASEAN), the major contributor for stability
in the Asia-Pacific region. A strong and cohesive ASEAN proceeding
with its own integration is beneficial for regional prosperity,
stability and security, and creates new opportunities for cooperation
on regional and global challenges. The Council welcomed the new
momentum in EU-ASEAN relations and underlined the EU's commitment
to supporting ASEAN regional integration and further deepening
relations.
2. "The Council reiterated that the move
to an EU-ASEAN Strategic Partnership shall be matched by the EU's
presence at the region's strategic table, including at a summit
level, through the EU's involvement in the East Asia Summit-process.
Both the EU and ASEAN must work together to move the relationship
to the strategic level, delivering on the substance as a joint
responsibility. The Council welcomed the Joint HR/VP-Commission
Communication: 'The EU and ASEAN: a partnership with a strategic
purpose' that follows the guidance and decisions of the 20th
ASEAN-EU Ministerial Meeting held in Brussels in July 2014 and
sets out priority areas for engagement.
3. "The Council stressed the importance
of EU-ASEAN cooperation on Connectivity, which is at the heart
of this special region-to-region relationship. The EU has valuable
assets to support ASEAN in achieving its Connectivity goals and
is looking forward to stepping up mutually-beneficial cooperation
also through dedicated mechanisms on sustainable and inclusive
economic integration, trade and border management. The EU will
provide financial support from its cooperation programmes, through
the European Investment Bank, the Asia Investment Facility and
the bilateral assistance programmes by EU Member States.
4. "The Council underlined the importance
of promoting closer trade and investment links with ASEAN. The
Council welcomed the commitment by the Commission to engage in
a joint assessment with ASEAN on the prospects for a successful,
comprehensive ambitious and balanced region-to-region Free Trade
Agreement negotiation. In the meantime the Council encouraged
the Commission to pursue the bilateral track of ambitious, balanced
and comprehensive FTA negotiations with all the major ASEAN economies
. The Council stressed the need to promote business links, including
to the benefit of European SMEs, with EU support programmes but
also the need to promote policies to improve access to credit
along with a fair and transparent business and investment climate
in the ASEAN region.
5. "The Council recalled the fundamental
importance of protecting and promoting human rights and fundamental
freedoms, as well as people to people contacts, as an essential
element of EU-ASEAN relations. The Council underlined the necessity
to deepen tangible cooperation with relevant ASEAN actors promoting
human rights. In this context, the abolition of the death penalty,
the situation of vulnerable minorities and the rights of women
and girls need special attention.
6. "The Council reiterated the EU's interest
in cooperating more closely with ASEAN on transport and civil
aviation, including in the perspective of a region-to-region civil
aviation agreement.
7. "The Council underlined the need to align
positions on issues of global significance, including the Sustainable
Development Goals (SDG), which will be adopted at the UN Summit
in September 2015 in New York. The Council also stressed that
the EU and ASEAN have a shared interest in developing a more effective
region-to-region cooperation on climate change, notably with a
view to securing a successful outcome of the 21st Session
of the Conference of the Parties to the United Nations Framework
Convention on Climate Change to be held in Paris at the end of
this year. The Council also called for the development of policy
dialogues and the strengthening of cooperation on environment,
disaster risk reduction and disaster management, resilience and
sustainable development, in line with the Brunei Plan of Action
and on the basis of EU's experience in handling such issues on
a continental scale. The policy dialogue should address key environmental
challenges of EU interest including: biodiversity loss, deforestation,
illegal trade in timber and wildlife, as well as unsustainable
consumption and production patterns.
8. "The Council reiterated the EU's offer
to contribute substantially to policy and security/defense related
fora led by ASEAN, including the East Asia Summit. The Council
emphasised the value of EU-ASEAN Co-operation on security, recognizing
that we share common challenges that have a global impact including
maritime security and "non-traditional" security challenges,
spurred by common interests and new capacities on both sides to
address security issues in a comprehensive way. The Council commended
the EU's enhanced engagement in the ASEAN Regional Forum (ARF),
resulting also in co-chairing key meetings, in convening with
Brunei Darussalam the first ARF Workshop on Preventive Diplomacy
and Mediation and in organising two EU-ASEAN High-Level Dialogues
on Maritime security. The EU will play an active role also as
regards addressing other important topics, such as non-proliferation
and disarmament, counter-terrorism and trans-national crime, emergency
response, cyber-security, migration emergencies and trafficking
in drugs and human beings.
9. "The Council underlined that the EU shares
ASEAN's commitment to preserving Southeast Asia as a region free
of nuclear weapons and all other weapons of mass destruction as
enshrined in the Treaty of Southeast Asia Nuclear Weapon-Free
Zone (SEANWFZ) and the ASEAN Charter. The Council further underlined
the importance of conventional arms control and the elimination
of illicit arms transfers. The Council welcomed the work of the
EU-sponsored South-East Asian Chemical, Biological, Radiological
and Nuclear (CBRN) Centre in Manila, assisting in the development
of national response plans and foster regional coordination.
10. "The Council called on the High Representative
and the Commission to work on the implementation of the priorities
identified above and the Joint Communication, in close cooperation
with the EU Member States, building on their activities including
the ASEAN awareness initiatives".[ 275]
266 ASEAN's Member States are Brunei Darussalam, Cambodia,
Indonesia, the Lao People's Democratic Republic, Malaysia, Myanmar/Burma,
the Philippines, Singapore, Thailand and Vietnam. Back
267 The East Asia Summit (EAS) is a forum held annually
by leaders of, initially, 16 countries in the East Asian region.
Membership expanded to 18 countries including the United
States and Russia at the Sixth EAS in
2011. EAS meetings are held after annual ASEAN leaders'
meetings. The first summit was held in Kuala Lumpur, Malaysia on
14 December 2005. Back
268 JOIN(15) 22, page 2. Back
269 The Bandar Seri Begawan Plan of Action to Strengthen the ASEAN-EU
Enhanced Partnership (2013-2017), http://eeas.europa.eu/asean/docs/plan_of_action_en.pdf. Back
270 The 20th EU-ASEAN Ministerial Meeting, under the theme of "Towards
Strategic Partnership for Peace, Stability and Prosperity",
was held on 23 July 2014. See http://eeas.europa.eu/statements/docs/2014/140723_03_en.pdf
for the Co-Chairs' Statement. Back
271 The East Asia Summit (EAS) is a forum held annually
by leaders of, initially, 16 countries in the East Asian region.
Membership expanded to 18 countries including the United
States and Russia at the Sixth EAS in
2011. EAS meetings are held after annual ASEAN leaders'
meetings. The first summit was held in Kuala Lumpur, Malaysia on
14 December 2005. Back
272 The objectives of the ASEAN Regional Forum are outlined in the
First ARF Chairman's Statement (1994), namely: to foster constructive
dialogue and consultation on political and security issues of
common interest and concern; and to make significant contributions
to efforts towards confidence-building and preventive diplomacy
in the Asia-Pacific region. See http://aseanregionalforum.asean.org/about.html
for full information. Back
273 JOIN(15) 22, page 15. Back
274 See EEAS statement for the full text. Back
275 Available at Council Conclusions on EU-ASEAN relations. Back
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