Documents considered by the Committee on 4 November 2015 - European Scrutiny Contents


2 EU Special Representative for the Sahel

Committee's assessment Politically important
Committee's decisionNot cleared from scrutiny; further information requested
Document detailsCouncil Decision appointing the EUSR Special Representative for the Sahel
Legal baseArticles 28, 31(2) and 33 TEU; unanimity
DepartmentForeign and Commonwealth Office
Document Number(37201), —

Summary and Committee's conclusions

2.1 The Sahel region is defined in this context as Mali, Mauritania and Niger. The mandate was initiated in 2013, at the time of the French-led intervention in Mali. The current EUSR Sahel is Michel Reveyrand-de Menthon, a French diplomat.

2.2 His mandate 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,[11] participating in coordinating all relevant instruments for EU actions and liaising with international partners. Initial priority was given to Mali and to the regional dimensions of the conflict there.

2.3 M. Reveyrand-de Menthon has been regarded throughout his mandate as having done a good job. The Minister for Europe (Mr David Lidington) says that he has provided "a senior diplomatic presence that can represent the EU on all Sahel matters" and been instrumental in developing relations across the region. Priorities for the new mandate remain similar to those in the current mandate, "although the UK has secured stronger language on the need for the EUSR Sahel to engage on migration" (see "Background" for further details).

2.4 The Minister explains that M. Reveyrand-de Menthon is leaving the position at the end of this current mandate; it is hoped that a successor will be in place by the end of 2015; and in the meantime, the Council Decision is required to ensure the legal basis for the position remains open with an agreed budget to maintain an office and staff (see Annex below for budget details).

2.5 The extension of the EUSR Sahel and the proposed budget raise no questions. We would therefore normally have cleared this Council Decision from further scrutiny. But two other legal issues arise.

2.6 First, we note that the Minister suggests that Article 28 TEU should be included amongst the legal bases in addition to Articles 31 (2) and 33 TEU as used in other such instances. If so, this would result in a requirement for unanimity rather than qualified majority voting in the Council. We ask him to confirm that this is the proposed legal base and, if so, to explain the discrepancy.

2.7 Secondly, we are concerned that the proposal is not, as elsewhere, simply to extend the mandate and provide for a budget, but that, instead, the Minister appears to be content with the notion of the person being appointed as EUSR not having been chosen by the time the Council adopts the Decision — in which case, as the text stands, the Council would adopt a decision approving the appointment of "XXXX" without that person being named. This would be unacceptable legally and from the point of view of scrutiny. The job and the job holder are inseparable. We should not be expected to approve the one and to take the other on trust.

2.8 We shall therefore continue to retain the Council Decision under scrutiny until we know who Reveyrand-de Menthon's successor is to be, and why the Minister regards him or her as an appropriate choice.

Full details of the documents: Council Decision appointing the EUSR Special Representative for the Sahel: (37201), —.

Background

2.9 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.[12]

2.10 A year on, the Minister for Europe (Mr David Lidington) reported that 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".

2.11 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".

2.12 In February 2015, the Minister said that Mr Reveyrand had continued to perform effectively, noting that:

—  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; and

—  Mr Reveyrand's new mandate period of eight months, rather than a year, was in tune with that of 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".

2.13 The previous Committee noted that this tying-in of most other EUSR mandate renewals to end-February 2015, and now their extension to 31 October 2015, reflected a wider tussle between the previous High Representative (Baroness Ashton) 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.[13]

2.14 This matter remains unresolved, and is being pursued separately by the Committee.[14]

The draft Council Decision

2.15 In his Explanatory Memorandum of 22 October 2015, the Minister describes the EUSR Sahel as providing "a senior diplomatic presence that can represent the EU on all Sahel matters", which he says "was strongly demonstrated during the crisis in Mali where the EUSR Sahel represented the EU and was actively involved in bringing a successful conclusion to the negotiations".

2.16 More broadly:

    "the EUSR Sahel has been instrumental in developing relations across the region. Recently, this has been shown by the engagement with, and visit to Brussels by, the relatively new grouping of Sahel countries, the G5 Sahel (Mauritania, Mali, Niger, Chad, Burkina Faso), which was set up to strengthen cooperation on development and security in the Sahel."

2.17 The Minister says that priorities for the new mandate remain similar to those in the current mandate, "although the UK has secured stronger language on the need for the EUSR Sahel to engage on migration." These priorities are:

·  "Actively contribute to the implementation, coordination and development of the EU's Sahel Strategy and Action Plan;

·  "Engage with relevant bilateral, regional and international stakeholders;

·  "Represent the EU in regional and international fora;

·  "Closely cooperate with the UN, AU and the West African regional body, ECOWAS;

·  "Follow the regional dimensions of the challenges facing the region, including terrorism, human trafficking, drug trafficking, and migration flows; [and]

·  "Contribute to the implementation of the EU's human rights policy in the region."

2.18 The Minister then says:

"The current EUSR Sahel, French diplomat Michel Reveyrand-de Menthon, is leaving the position at the end of this current mandate. The EU is actively seeking a successor and hopes to have one in place by the end of 2015. In the meantime, the Council Decision is required to ensure the legal basis for the position remains open with an agreed budget to maintain an office and staff."

The Government's view

2.19 The Minister says:

    "Overall, the UK Government supports the work of the EUSR Sahel. The role has been well deployed to support the negotiations in Mali and strengthen region-wide engagement for the EU. The EUSR Sahel can also provide information to Member States from a region-wide perspective, which can be lost when looking at individual EU Missions or country-specific issues."

2.20 With regard to the Financial Implications, the Minister say that the proposed budget for the EUSR Sahel and office is €1,770,000 (£1,250,000), which he says represents a small pro rata saving from the current budget:

    "Overall, I believe this budget is appropriate for the work of the EUSR and his team. Given the amount of time they will need to spend in the region, it is right that the EUSR Sahel should have a reasonable travel budget" (see the Annex to this chapter of our Report for details).

Previous Committee Reports

None, but see (36629), —: Thirty-fourth Report 219-xxxiii (2014-15), chapter 21 (25 February 2015).

Annex: EUSR Budget ~

Budget heading
Current budget,

8 months (in €s)
Proposed budget,
16 months (in €s)
1. Personnel costs 512,590946,725.46
2. Missions 273,280618,200
3. Running expenditure 86,164157,724.20
4. Capital expenditure 1,7501,750
5. Representation 8,00016,000
Contingencies 18,21629,600.34
Total 900,000 1,770,000

"Personnel costs (€946,725.46): The budget proposes retaining eight personnel working in this office and a 7.5% like-for-like reduction in personnel costs. This has been calculated on current terms and conditions and so may increase depending on the outcome of any discussions.

"Missions (€618,200): This refers to all travel costs by the EUSR Sahel and their staff, including transport and accommodation. The majority of the costs are for travel to countries in the Sahel or within Europe. The 13% increase in budget is for the new EUSR to travel more at the beginning of the mandate.

"Running expenditure (€157,724.20): This sub-head refers to costs for running an office in Brussels, as well as a small amount provided to the EU Delegation in Bamako. It also includes provision for four seminars on subjects relating to the EUSR Sahel's mandate.

"Capital expenditure (€1,750): This sub-head covers costs for replacement equipment.

"Representation (€16,000): This proposes a flat €1,000 per month cost for representation.

"Contingencies (€29,600.34): The additional contingency reserve represents 1.7% of the proposed budget and is a smaller proportion than in the current budget."


11   The EU Strategy for Security and Development in the Sahel has four key themes:

o that security and development in the Sahel cannot be separated, and that helping these countries achieve security is integral to enabling their economies to grow and poverty to be reduced;

o that achieving security and development in the Sahel is only possible through closer regional cooperation. This is currently weaker than it needs to be, and the EU has a potential role to play in supporting it;

o all the states of the region will benefit from considerable capacity-building, both in areas of core government activity, including the provision of security and development cooperation; and

o that the EU therefore has an important role to play both in encouraging economic development for the people of the Sahel and helping them achieve a more secure environment in which it can take place, and in which the interests of EU citizens are also protected.

See European External Action Service Strategy for Security and Development in the Sahel for full information. Back

12   EUSRs promote the EU's policies and interests in troubled regions and countries and play an active role in efforts to consolidate peace, stability and the rule of law. They support the work of the High Representative of the Union for Foreign Affairs and Security Policy (HR), in the regions concerned, and 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. See EU Special Representatives for full details. Back

13   See (36629), -: Thirty-fourth Report 219-xxxiii (2014-15), chapter 21 (25 February 2015) for full detail. Back

14   See (37202), -: EU Special Representative for the South Caucasus and the crisis in Georgia: Seventh Report HC 342-vii (2014-15), chapter 8 (28 October 2015). Back


 
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Prepared 13 November 2015