Documents considered by the Committee on 18 January 2017 Contents

11EU Naval Operation against people-smuggling in the Mediterranean

Committee’s assessment

Politically important

Committee’s decision

Cleared from scrutiny

Document details

Council Decision (CFSP) 2016/2314 of 19 December 2016 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA)

Legal base

Articles 42(4) and 43(2) TFEU; Unanimity

Department

Foreign and Commonwealth Office

Document Number

(38406), —

Summary and Committee’s conclusions

11.1The EU’s Naval Force (EUNAVFOR) launched Operation SOPHIA in 2015 to counter people trafficking in the Southern Central Mediterranean. It was conceived as one element of a broader EU comprehensive response to the migration crisis which seeks to address not only its physical component, but also its root causes, including conflict, poverty, climate change and persecution.

11.2In June 2016, the Council extended until 27 July 2017 Operation SOPHIA’s mandate and added two supporting tasks: training the Libyan coastguard and navy; and contributing to the implementation of the UN arms embargo on the high seas off the coast of Libya.

11.3On 19 December 2016, the Council adopted a Decision to allow SOPHIA to share information with third parties. This should enable it to work with other organisations, in particular NATO, more flexibly. In his letter, the Minister (Minister for Europe and the Americas, Alan Duncan) notes that the amendment represents an “important step that the UK has been pressing for”.

11.4The decision to allow Operation SOPHIA to share information with third parties is a welcome step, especially in view of the UK’s forthcoming notification under Article 50 TEU. It could allow the UK to access important information on the situation in the southern central Mediterranean collected by the Operation even after “Brexit”, should the mission’s mandate be extended beyond its current deadline.

11.5We now clear this document from scrutiny, but ask the Minister to keep us informed of discussions within the Council to authorise a further extension of Operation SOPHIA’s mandate beyond July 2017.

11.6With regard to the overriding of scrutiny, we note that different reasons for adopting this Council Decision prior to scrutiny were given to this Committee and our counterparts in the Lords (see paragraphs 11.14–11.15 for details). It will be for the Lords to decide whether the Foreign and Commonwealth Office could have provided information in a more timely manner, but we are dismayed by the continuing implication that the Minister takes his responsibilities less seriously with regard to this House than he does with respect to our counterparts in the Lords.

Full details of the documents

Council Decision (CFSP) 2016/2314 of 19 December 2016 amending Decision (CFSP) 2015/778 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED operation SOPHIA): (38406), —.

Background

11.7The EU’s Naval Force (EUNAVFOR) launched operation SOPHIA in 2015 to counter people trafficking in the Southern Central Mediterranean. It was conceived as one element of a broader EU comprehensive response to the migration crisis—which response seeks to address not only its physical component, but also its root causes, including conflict, poverty, climate change and persecution.

11.8Operation SOPHIA’s core mandate is to identify, capture and dispose of vessels and other assets being used by migrant smugglers or traffickers, and thus contribute to wider EU efforts to disrupt the business model of human smuggling and trafficking networks in the Southern Central Mediterranean and prevent the further loss of life at sea. Launched in July 2015, the operation moved in the autumn to phase 2, which entails boarding, search, seizure and diversion, on the high seas, of vessels suspected of being used for human smuggling or trafficking.

11.9On 20 June 2016, the Council extended until 27 July 2017 Operation Sophia’s mandate and added two supporting tasks: training the Libyan coastguards and navy; and contributing to the implementation of the UN arms embargo on the high seas off the coast of Libya.

11.10At the time, the then Minister for Europe (Mr David Lidington) said that the Government wants to build on Operation SOPHIA’s achievements since it launched in July 2015 (“saving almost 16000 lives, destroying 139 smuggling vessels and arresting 71 suspected smugglers”) by giving it “the flexibility it needs to target smuggling networks who are adept at changing their tactics quickly”.

11.11On 19 December 2016, the Council adopted a Decision to allow Operation SOPHIA to share information with third parties. This should enable it to work with other organisations, in particular NATO, more flexibly. In his letter, the Minister notes that the amendment represents an “important step that the UK has been pressing for”.

11.12In his Explanatory Memorandum of 21 December, the Minister also provides an update on the achievements of the Operation compared to July 2016:

“Op SOPHIA has had considerable success since it launched in July 2015: saving almost 29,000 lives, destroying over 330 smuggling vessels and arresting almost 100 suspected smugglers”.

11.13The Minister for Europe also said that the UK’s overall approach remains “to encourage the EU to pursue a broad strategy for tackling irregular migration, which includes a focus on upstream option in source and transit countries”.

The Minister’s letter of 21 December 2016

11.14In a letter of 21 December 2016, the Minister informs the Committee of the timing of the Council Decision:

“The final draft of the amended Council Decision was received by my officials on 8 December. The EU adopted this decision at the Environment Council on 19 December. The Council Decision was marked limité prior to the date of publication in the Official Journal”.

11.15In a letter to our counterparts in the Lords of the same date, the Minister says:

“The final draft of the amended Council Decision was received by my officials on 8 December. The EU adopted this decision at the Environment Council on 19 December. I did not, therefore, receive the draft copy in time to pass it through the normal Parliamentary scrutiny process. As you know, the responsibility to keep your Committee informed is something I take seriously but this important decision is one that we needed to agree and implement as early as possible, in line with the Common Proposals agreed by the EU and NATO on implementation of the Warsaw Declaration. The need for the override of scrutiny on this occasion was regrettably unavoidable”.

Previous Committee Reports

None, but see also: Seventh Report HC 71-v (2016–17), chapter 17 (6 July 2016); Twenty-first Report HC 342-xx (2015–16), chapter 10 (27 January 2016); Ninth Report HC 342-ix (2015–16), chapter 1 (18 November 2015); Seventh Report HC 342-vii (2015–16), chapter 1 (28 October 2015); and Second Report HC 342-ii (2015–16), chapter 2 (21 July 2015).





23 January 2017